The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1854-07-08

the husband Even ,ess fav or has ben shown N
creditors Of ,h' hus,asd u Apphossas o. his nssars
no has Assignment, has claim; and - N spect
10 volsntary assignment for val iabls coasiteeation
Judge Savage IN Uda Krnne declares that te fiiiy
coucnrs VIA his Honor the O, anchor when be II
consider the wifss equity against any asSgn nent
ana 70 se nov ns. Ts All ,ss
subject Ia hts opinion 10 that case aa 80
sustained BY airss majority Of the curt ~ against
BE- parrs,ved that the "wifes equity" 10 sanctioned ~
deciyely authority and, consequently po.sese- the
10 qualify and control il "a she product Of gradual Of
fort sitemper the rigor Of rule, which, esrisi to
It's consequences woot work sasne,s inju-sce
IL beni6cent contrvapSe To peoSss claims wnch
obsrwiae would make the marriage relation one q grnss
inequality and Is does not a. many suppose .sen hs
prtnvi notions Of right wh,h individual Judge may
entertain bt like al the principles now prevailing Ia
s OF equity ~ much the fruit Of sxperiencs aa
u sneained by to great extsn as any al
the principles and mAxms hic hsve bad 'hnir origin
in courts II common hw.n II the wifss equity ~ul
b. psofectea against assignee sho has given Eob
Aud valuable confederation " the husband, on Whist
ground should ths Of judgment recovered for
oontracies bfs the property drscen led TO the
wish the Court 70 what sm0urt VI the wires
estate shah he secured IN her, and must necessarily We
v. K~nney, Cow. 6Od) The psovison for thc ~sfr
must b. assqnatea pars az even the whole may b. a.
women reslng u preserve The Of six handre,
dopsrs esch behnging them Ia their right, from
the grasp Of their husband creditprs fno juds M t
their husbands IN l6AS and loiJ
which his App,lcEon they have been uaao'- %
pay showing clearly that they are in sach os-ow AM
smharrassed circum. tanc-s that they make lie
quate provision for their fa,ies .sqneuty II the
amounts in question much larger. soah leave
The whole TO the exclusive epecriveiy OF Mrs.
birbop and Mrs acs- mar. In addition W these cona
deracn agree with the Jodg@ Mt 81. cial ERIN In hin
of the effect ~h'ch the ast passed April H. 1872
ate I" the eectaa prtecsiou o the property Of
married women, has upon thie VIVA. the
hts which actualy vested ia the nusbsnt previous To
life at the lime Of the marriage. he tsok yes 81 inter
est AMI became a. once entei 70 tine rents Anr proi
during TIER joint lives ana In the even OF the brsh Of
living ebd, Ia contingent II mt on the death o. has
rife 10 The scla epjo, VI ibe estate n-iag his life
bit 10 ony u her future acquisitions, the na.nrs
and extent Of his interest were subject 20 any
change which the legislature might Thereafter
ahs in the Ia~s relating to the acquisition. disposition
ana EMO, m'nt o. propsrfy Al resn'on Of TN, s,ai
scccessrs and conveysncer and all th. provisoos
which the 'ransr iron Of property either dr,c
inisrcepedare the offspring Of law. and .nfireiS 1e
peDdeD, he legislative power Any person. therefore
whatever be his prospective pos ihs rights Arising
from existing iagssn in regard to proersY not yss
gether revoked BY any future egsatoD ~hether such
person Is on heir apparent herr presamptve or stands
In she r-ltsn Of sband whose wife nasy any
afterward become entitled to property Tue marriage
contract does imply that the husband shall the
interest The future acquisitions the vito
the law gives him In the property she possesses the
time Of the marriage bat that he shah haze whatever
interest Il any which the legislature before she Is in
a. precisely the lind Of contract TO which Mr. Rshnp
and Mr. Alexander were respectively parties At the tim
obligation enforce n, has certainly been mpairef
by the act Of 1S59 Mrs. Bishop and Mrs. AlexAn
der married previous to the death II Their father
from woom this property descended and previous
10 the enactment Of this statute instead OF iaw
which existed at the time thor marriage, giving the
husband right ~ the rcnts and profits during the joint
hves OF toe husband aud wife, the Lsslsurs Ia it's
wisoom-at all ev.nts, In tho legitimate exercise OF It's
perry dsscsnaas TO the VII. should BE- srsnsm.tea TO
her. to her sole and separate and that she should
hoI the rents issues and profits thereof IN tho same
THE was in effect mobilization of the laws inherit
sle~ entirely within the control direction tns le
gslative power This modification does not operate
marriage contract made before its passage 10
within the scope Of the provision OF the constitution Of
Vi law. impairiog the obligation Of contracts because
"a have shown, the interest OF the husband 10 fu
ture aeqsstions Of the wife lie subject to the of
the tgielature controlling and directing the scluisi
tim and disposon OF property; aud this contn -ney
vas ingredient Of inc contract The order If the
Special Tenn shouia be Alarmed, vita coess.
IN CHAMBERS.
PeroYe HON Judge Roosevelt
JOY Tn he matter If 1k,ssos Dunlap, aasoed
LVRGtio AT early honY this morning
crowded with the friends OF Nj Dunlap and spect..
ar case bring understood that the matter would b.
oil posed Of By ma Honor THE morning Mr.. Dunlsps
Mr. Edmon Bankman and Fletcher ParA, counsel for
r.
nan and his friend, Or. BlankDau and shout the
time tho Judge took ria seat upon the bench
The Court ased-Ae the counsel on both sides ready
10 proceed with tho Of Mr.. .Uupsp2
Mr. Eankmsn sail that the parties and counsel
all present and ready to proceed.
Mr. Park ssd that the adsvits had heen read upon
which This apphcrthn for q stporedoas founded It
was proper for the counsel upon the other aide 20 read
their aaieavi,; hey bad Any In Opposition, and shea
Wits 10 answer any such ~ they may produce.
Mr. L d. Reed one Of the counsel against Mr.. Dunlap
A.. W.
i,cn censure In this natter And have Of Mr. Qua
hps relatives here and propose that they Be oaly
anineo by ,our Bon bat ~ conseqaoncs Of the warm
wea her We have not been able procure many do
positi. Ds es we exI ected TO obtain.
Mr. Park-I object to any such course being pursued
Wo have bad 30 poce tibet witnesses you'll be orally
exsminod IN this matter sould had of
witr here instead OF the Of aai.vits
ob,sined. They must be confined 70 the usual course
puy- uer In proceedings Of this Kind.
The Court-Hsye you sfhdavts, Mr.. Reed tending to
sfow tba' Mr. D.Diap Ia nov iasapef II matter
what b condition formerly AL shall ing ire into
H. rs he ann capabe Of managing hi, estats
Mr. James r. Whiting, who appeared vita NJ Reel
az . friend Of Mr pupiso,s family / tniak The .e
siinss calculated 20 a1Ernvate the insanity
hlr lun'ap had a. The lime Of his Incarceration and
rom which he has not recovered thns, air, ttsse
proceeding not nstgated by his best friends II msy
W that Air blansman has receves as.ignm-a from
him of al his property securt, for his In
care that ,hn, 10 all tho iriend hp manfes,sa Tor
Mr. DUNN In these proceedings ! have in pocket
hi noie and bond for . Large amount Nc Dunlap
s'a'smeD's he hse inside here, sting my With
bic in bns fns transactions ant his soe II
the a lum Ia not calling upon his friends
convincing evidence thai he 10 insane Il may be
thar hs partially rerovrrsd but this excitnsD ani
hs Inconsistency In mating statements Ia regard his
property and my having business transactions sh him.
convince Ec that be IA still insane do believe
that b. IL worth property nis oeb,s paid ani
yet lie Claims be worth q large amount. hear tina.
he has b~co the guest of Mr. BAnsmso since hs sefs
the ssy lum but n he Il tbs assignee Of his pro
Ierty, he Of course L. secured, add why not Ie hun
he appointed commissioner hs person and eetste
lie vilssIe 10 tie charge OF hiri Why not Mr..
Dunlap eSsinned by DR. Mot m Dr Francis AMI DC W
them pronounce upon his sanity He has made state
menfs Ia N before this coart as have heard
'hers relate them, which Of hs ipsanity
Mr.. Hank mAn.-Ae the learned council sho has just
sdde-ssd tlE court hos made statement onl
-ctirg upon the moral character If Mr. Dunl.p tuf
impur ring my motv in this matter - hs counsel,
Deem " a duty to nv client and myself " make some
answer 20 the grstuifous aud unfcunccd rxn>rks Why,
ST., The very matters wbsch h. bs. stated 70 vnsr
Il ows The motive u this sectivc towards Mr. Dulsp
ana sell. lie l the assgs OF Sr. Dunlap'r
nv 4. In I nj hat