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

Before ficn Judge Mitchell
July 7IR re If andrea WnlI0nss ssr,erees 70 u
hung on Friday nazt for tas mu,der Of AIS u.fe-arga
rnent was upon the ptioas taken BY Mr. Chas
hs I AZ the late SESSION.. OF the Cau, az as az" "S
Termner judge Michel granted stay of rocs ,dings
In order that ,he s,s:p.on, ,ason BY tho prisoners
counsel may DO argued before the general Of this
Upon hearing ths counsel for tn. said Andr.- wn-
people, after notice - him. ana upon examining the
bnl Of exceptinDs settled and signed by Justice Rsose
matter was heard before me- J. william Mitchell jos
tce Of the Supreme Court Of this State, certify
,sid bi that in my opinion, there Is much doubt
the questions Of law naired BY exceptions,
It expeoient 10 take the Judgment Of Supreme
Court con, and that writ Of should we'd
the prisoner, and do accordingly allow such writ Of
error to issue and do expressly direct that
70 operate stay Of proc. edDgs the Judgment upon
which such shall 10 brought until the decision. u
No said supreme Court shall be had upon such excep
tions. WIN MITCHELL Justice Supreme Court
New York, july 8, 1854.
Jpn the decision ber x rendered Mr. Spencer served
nc'ice Of the stay OF proceedings upon Sheriff
John 0fser, ESQ, and ica.ed intelligence to
the prisoner who expressed his gratitude " Mr.. spencer
GENERAL TERM.
TIE equity OF THE wiFE."-rHE ErFecr or THE
ACT OF l849 ON MARITAL RrGHrs.
july t ISREE, J-1urnelus Read, who the mort
gagor OF tbe ,emi es forecsed In this action died
tate, April 10, .sis, leaving widow, and
daughters The daughters Mrs Bshon wife Joseph
~ h,p ard Mre Aexauecr wife Of John Alexander; both
were OF at tie time of feir father death hth
were Marie 40 1917 There T. issue the
rase Of Mr. and Mira Bshop, but Of tina. u Mr.
Mrs. Alexspder. John Vail recovered . Judgment
seAinst Bishop, April 49, $780, for $3.50 ~ lo0
other against Alexander, November IT, ls4s for $40
81 TO Poih Judgments for debts contracted prior
to April l84S The judgment against Bishop Il o. Late
raj that sgainst Aexs Dder h TIE extent of 1900 o,l
judgments ~crc ssgned By Vail to Whinfald tho pre-
rent claimant OF tue surplus moneys fs2 l9 ls- li)
arising fr tbe sale Of the srtsasd premises the
och respectively entitled 70 soil the snare Of nrs.
ishop being sabjcet 70 the tenancy BY the courtesy
lie e.ta,e OF her husband during their Join, live,
and that WhipheLi, ny virtue OF tho judgments IN
titled TO The income arising from those iurug the
respective lives OF the husbands, uatN the Judgments
hess 500, shall he paid. pcoun.e the referee y sant
ako, iha, Mrs BishoP's share subject to ths life
eoarioy pria,c 70 this r. port Mrs Bishop and sr.
Aexsncer except claiming the exclusive and absolate
eric, men, u hos. shares The EXCEPTIONS allowed
at ecai term from wbich decision the claimant whu
held appeals BY the common law the husband ma
freehold II e,ortn bis wf-'s lands; and both hueband
and wife are seized In her right He has title 70 te
rent and profits during coverture the remaining
entire the wife h, upon tie dissolution Of the
marriages. and, upon the WIGS death. the hr>blod IL
he survives, becomes tenant by suHrau ~ unlsss
there has ben irsue Of the marriage in which NJ
entitled TO TIE continued cnjoyp-n Of her inheritance
during bis life. The buabsDds nterest both In the
roDts ana PROFITS during coverure estate a.
tenant Ny the courtesy, IL subject 70 taken axecu
toni q hough y wa formerly doubtful whe, n tho
right tenant by the courtesy when iu tie
az In the present case, could DO rold exSoupol;
but, believe Il is considered as sestisd havi 4
and Clutc iller and wife e Coz. 4sa) BIT does
necessarily follow because by comm IN Law or by sta
tuis Judgment itor has hsn 400 iutercsts
and can FELL them execution that when the Aud is
sold and the proceeds paid into court Sit
mated a. 10 DO within s equitable direction and control
ibis lien IL absolute and par a. that tho Curt
canDot order those psosse b. pr, scrvei the ex
clusivo benefit Of the ~ife d,veted II any cai sst
ssc husesn The present appii a,ion recollec sceks
the equitable interpretation o. the assist the Gre
6tor Of the hoshand ~ property Of the
wife to the payment Of tho husbands debtdebts con
Nxoa esA lnr<~ k<f.x H.
IL IL not at ali unusuandcsd the instanoss ace very
numerous. NJ" or our system Of iu-isprudeu, for n
Sou,f o. EQait, TO interrupt the eetyment Of post,e
arddir palpaoio hardship And this Il cineuily aud
frequent- the case who're what Is called '.sie's
equity" becomes the subject OF consideration. Whore
Yer application Is behsI Of the bastanu or
Of any person Ginning Ia his right to reduce Into pa
session me wios fortune OF 70 spsroPtias any paFto
IN most instances, insist on provision for
her oos o. n where no adequate sc',lenea,
to be removed out Of It's Jurisdiction unless hee
already sufficiently provktd unless = her per.
ton. And this Ia called the uife's squisy (ses
eAnseys ksn,s OF W"mec, AL quoting from Macsuiey
&c. t .s Ms, av. ~ Thu. equity renasn.y moe
me VIC ana The rents ana proa,. u her res. estate
during her life become ed the husband and II the
husband applies for the assis ~ the Court 70 NM
cure the possession Of bis es TO, tune he
api cstiop Will be refused unless h. make ,rov3s;or
Tor her out Of The equity Of the wife not
only 70 that part Of her fortune vhien IL naVss [
bic (oeusiy vested Va trustees hon Oh no onrer tsm
stte In This stntc) but IL deemed 20 extend u les.
c'es tequea'he to the wife though not yocd Ia tros
tees snd in Short 10 all cases ~herc {, l. y,
apply TO the Court TO enable him obtain az
personal properly in right 81 the wife rhe has
been IN s~vtrs distances restrained from rcaci iuto
eseseon he wts's cheese 10 acton, until ma N ,ss mo
vision should he made for her This protection
not esricted 10 applications made by The husband
hnisei but II " extendei application ma 10 Nv the
grners or Isicalar assgnees 81 the nasaoa whe,her
The transfer OF his interest oy operation OF
hu, where ne bee ,nes bankrupt ioslivcnt or 1.s
particular assignment ~ the int an iudvdasi
and L. matter ~ no i'm saraucs ~he'her Ia. traossr
ne nnse FOR GOOD and valuable conf Grafton or ss
Altogether roninal and voluntary Tho case IN tois Ia
ter ptint referred TO by Nj Cianse, (he Earl o. es.
bury va ksvfon). ard reported In Eden. Chan,ar,
go BIO. has hson always vcvy mech role AEON
hatr 2 ten eoidsd in Jrig, 1909 in cbabcery is.e
ttSHNs en- icy, On. 0 10 the Crlrt Of Frvt.rs,
= n7rried woman being Mi lei 10 IN Of rnaasy IN
h. suds 81 uusice~ b.r iai,pa al n, - We q
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