, 1875-08-24
THE COURTS.
Important Decision Concerning
IfeuI-EYtHte TITLES.
Tho Right Of surviyorship as Between
Husband AMI WHO Abolished.
WIat tho Chicngb Judges Did Yesterday.

cONVEYANcES TO HUSBAND AND WIFE.
x,u,Ir np suNvlvoRKft1F ABOLISHED.
Tho following Ia A portion Of an important
opinion delivered by Ch,cf.Juatro Wafknr in The
case Of Cooper At al. Va. Cuorer ct. AL, dcclett
at tho January term. 1875, aud opinion fiIld in
Juno last.
The docd in question waH from Hing ana wifc
to Cooper and eIfo. Tho Chief austico sara:
The nrst clar.o of The dceA ss: "Tbi- ,mlenture,
,' 4 ; IN .g e @as & r. ths ~, :. o k%y
ttis Wife, of tho County q! Mrnarh an AtAla u ILL.,
no'a. Of tl'o fsst part, aud wi.m Cooper and s..4h
tho couity and State afrctaia. 1T thu eeron part,
vitnesseh t.I slo ssfl iarty of tho art Iatt, fbt
whereof Ia hcr:l,y Acknowledged, hi,s granted, lar
gained, and Foa AMI hJ sh,tc irrtrn,a do gra,t.
bargain, .n! sel Nnio tho h4id arty of hr second
;sribtd lo', piece, or parcel of l.na .lsn.c," IT.,
lnId the ssIl premises tbnvs l,aryatnet nnA H.
Rc1het!, With sha arpur.enanses NIT, tbs sail party
Of sle accom-! psrs, helra sud ss.,s,r, forever"
Tho flttia III ts tselt this a ronyey yance 10
tha h!.:bsld and W,ta in fee antla ab'oInle. And
ns st''c contends that they look HI estate by tho
10 Inc rules of the carnmon law governing auch
t*nurea. IN tfLs othct slr II Ia insl'td that tle
M!optnn Of tito art of 1oi. commonly knowa Tie
"M4rr!ed W0nsu'A LAW the parties tout tenants
III common hat snIA act authorized married wuftlrn
u ac1nrs during covtrture renl md persona1 estae4
trof, and TO bo helu owned rnHscasr snd enjoyel hy
her ts ka1ne ~ though! shs eoe and unmarried
Or interference Of htr hushnnd and tiali e EXEMPT
roi1 execution Or attachment for tie debts Ut her hu
baud.
In this cs*s the rrorcrtr came from anottrr sorsee
than thb husband? II was conveyed to Mr BY King,
wltu then owned II, and the LreJ states that
ami Tho grantee, are described ii ho M as tho party
Of tbs tec1n1 Fart And tue rpasouab!e presumption
Il that es n"nsy as vel! ss that uf her husband ~.
FAR fhH fkrtt, IN
conceded ah.t lilo eutife consideration was is:d
h creation s ia # hia could ecst. ' Insb,ns out of
dsht hava always had tile legal authority to have
5otefy ssttga upon hsr wss. Hr s1eysa 70 n' n
the land with her sole and tepsrsto money, and the
statute authorizes her thus aclntre real cata5c. an
fzoe from tho Interference III her husband, why,
nnes tho statute, sha rhs not 10 treated ~ sen2t
Iu rorsnon with her hnanaud7
This Ratute to hsys removed all Of Tho
for holing that such eou:syan1e eEe'e1 ~, ertsts
~ ,hs entirety, a. ths s9on Aw ths
hs'' s 10 bis ss 's2fsa 2e'sn,' 9opes % as
md chooses In se'lon the right to hold and ejoy to
personal property she might atra during c"vcrfure,
and 10 all Of her earnlnEA. ALt these were tbs ler-
soIai considerations @ which lea to sho s9mu,on law
estate by olt!rety with aur7irnssr. Aud this MAS
all basel on tho theory that tho husband and wife
were by tile law, contltred but one person. and could
or statutes haye far tin rnI tia conun w that
tloy are rot ouu SON. 10 far IA te acquisition aud
en1oytneut df nrt,Esrty il ct, er.,cd n, iIta ~
tent Of scouirn1 trorertr. md 70 far an is
e 10, m,nt IL concerned and fho epioy,nent Of her
anrn,,,ge the statto has d. Jared n eject that they
ara two 1dcncuIeut persoup AnI In tIo,ur T., efcat
moi1catous haya beeu VI iuiJut IN to ,hrir rieis f
er,y Aul under ihcss great changes no reason
II Iercejycxl uor II nnY nmusrstpI Wuv n marr,rfl
woman should int lol rroperI7 ths ac.1,iro iu fco
and a. tenant In ro;n!ntn will hcr husband pre
cisrly a. s!e nIuht will hnplttr t,cr.ou. The hut.
GRu uLuur the RtIte t1a immediate int
ost IN Or cuutrol uyrr Lcr lsnry ,lu, L,x u,,y
persou Sho NAV tlslfusts tc owcr tu hcr hnsIauh
property, md 70 alc NAV 10 any othcr ttr.on.
These views aro in entire lar1noy win the case Of
the City Of Chicago w. sreer, si Ill, 81, lu that
rasc IL; ronatrnv tbja stYtn If VIA r1l tbot wisn
Wis wus tjrrtI ID hpr rtrsvn >ho ,nutt sIu aiuc
tat II was tGe Intention u lls General Assembly 10
seytr tsir tntrrr of fhe H,,i,nd ftntn t,,t n ~