Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1878-02-15

FOE Inc Mlodlo Atlantlc STATES clouuy, lhieat'
ening weather, areas Of light rain or snow,
northeasterly winds. stationary temperature,
| or rising barometer.
INTERESTING DEcIsIoN.-Io the Corpora
ton Court this morning, +. L. Smith. jr.,
sitting as special judge. because Judge Lowe
was iLcapacitatcd by reason of his being a de-
postor 10 the Farmers and Mechanics Savings
Bank of Alexandria, rendered the following
decision 10 the case oil Risheill & Hooge VS.. San
born aud wife and others, 10 contest between
the creditors Of the defendants as to the priori-
ty Of their respective CLAIMS, the facts being az
follows:
Sanboro and wife had executed promisory
notes at different dates to several persons. One
Of these creditors filed q bill 10 cbaDcery to sub
ject Mrs. Sanborn's separate estate to the pay
ment OF these debts. Others Of the same class
of creditors subsequently came into the cause
by petitions Sanborn executed note to the
Farmers and Mechanics Savings Bank for
| 81 900, and he aud his wife united in a deed
conveying her separate estate to u. II. Ramey
to secure the payment Of this debt.
The first exception to Commissioner Chiffon $
report was, because he reported that the crcdi.
tors, by promisory notes, stood upon an equal
footing. aud should be paid rateably, it being
claimed that the notes constituted specific liens
upon Mrs. Sanborn's separate property, as Of
their respective dates.
The second exception claimed that the said
creditors were entitled to liens upon her scpa.
rate estate, as of the dates Of filing tho bill and
petitions respectively.
| Tie third exception was upon the ground
| that as Mrs. Sanborn did not unite with her
| husband in the note for 81 1000 to the Farmers
| and Mechanics Savings Bank, that the deed
t.ck oh. cd 10 hn aN,n
| did not constitute charge and lien upon her
| separate estate.
The authorities arc generally agreed that
| married women possessed Of a separate estate
may charge the same with her debts IN like
manner and to the same extent as Jenae sole.
Ii feme sole were TO execute prOmlSsory notes
at different dates. it would not BIO contended
that they constituted specific liens upon her
property, or ranked in order of priority accord.
log to their several dates. 10 Yale vs.. Der.
derer %, NY, Judge Selden.speaking for the
Court, says: st was expressly held by Sir
j ohn Leach. Master of the Rolls, in an anuDy-
nous case us yes. 25S,) where the questions
arose that in such cases there was 40 priority.
and that all of the debts must be paid equally
Debts this character have been uniformly
treated by the Eoglish courts not as specific
liens, but az mere general debts. having no pri-
OrltY over 0tler anu later Claims.
An examination OF the case Of Wallace W.
Trcaklc p, Graft. 479, will show that the court
In deciding that creditor filing bill to i'm
peach conveyance as fraudulent, and succeed
ing, had lien upon the land for his debt from
the filing Of the bill, proceeded upon the ground
that the statute affording the remedy created
tho lien.
10 discussing tho statute the court say: lit
provides that creditor before obtaining a iudg-
ment or decree for his claim may institute any
suit to avoid gift, conveyance, assignment, or
transfer of, or charge upon the estate of his deb.
tor, which he might Institute after obtaining
such judgment or decree, and he may 10 such
suit have all the relief in respect to said estate,
which he would be entitled to after obtaining
Judgment or decree for the claim which he
might be entitled to recover" 1t is plain that
by The very terms Of this statute the creditor
assailing successfully fraudulent conveyance,
is placed in the same position, and is entitled
to the same relief, as if he had already obtain
ed Judgment or decree against his debtor
What is that position, and what is that relief?
Plainly lien upon the property Of the debtor,
Just as il he had, at the filing Of his bill, already
obtained Judgment or Decree Such consld-
crations can not apply to this case. The statute
gives 90 lien, tho court can not create one.-
This is the only forum 10 which debts against
tho property CT q married woman eau be en-
forced. If the creditor was willing to give the
credit without the security Of specific lien, be
must abide tho consequences OF his Own act
As to what will constitute charge upon the
separate estate OF married woman has led to
great conflict of decisions by the Courts OF
this country and Great Britain. For tho pur.
poses of this case it is only necessary to say that
tho supreme judicial authority OF this State
has, by it's decisions, established
First. That q femo covert may charge her
separate estate with tho payment OF her debts.
Second. She may charge it Us principal or as
surety for her own benefit, or that OF another.
Third. She may appropriate it to tho pay.
meut of her husband debts.
Fourth. She may give it to her husband, no
improper Influence being exsrted over her.
Fifth. That if she oontracta debt as principal
or Us surety for herself, or for her husband, or
Jointly with him, the instrument executed by
her is sufficient to charge her separate estate,
without any proof of positive intention to DO
so, oreven reference 10 such estate contained
in the writing.
Burnett and wife vs.. IIawpc's ex'or., 25th
Graft, ass. It is true that the wife did not join
in the note given by her husband but she pledged
her property as security for the payment OF his
dsbt-if need be, appropriated it to that object.
If she had signed the note her legal status
would have been tho same; there could have
been no personal liability upon her, aud the
only effect would havo been to create charge
upon tho separate estate. | regard the deed
from Mrs. Sanborn to Ksmey as q direct up.
preparation of her estate. for the payment OF
her husbands debt, and this. We have seen
is sanctioned by tho Court OF Appeals. A do,
cree may be prepared ovor ruling Tho cxc'p
tions 10 the master sreport.
Coal MINING TROUBLES The Cumberland
Alleganian says: \,
"Wc learn that Mr.. Sinclair, of the New
Central Coal Company, was up Georges Greek
valley yesterday aud offered the miners 10 the
cmnloy of the company work the year round at