The Weston Democrat. [volume] (Weston, W. Va.) 1875-current, 1879-05-10
WEsTO ON, sA FrJRD y M ,3lS79s

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J Interesting! ID Decision. IA 4
StiT..=7 u XII q;
Avery comprehensive and ,;,?l! slab;; );
orate decision has just been SreIl;
dered blythe West Virginia q Court
'ofAppeals upon the statute laws Io of
the State relating to the separate
cstate, ,of a married man. As there
have been but few decisions \ rem !
dcrel upon this department of # our @
laws, which is more or less com; com
plieated by5 innovations and 81 con On
,flicts with The old common lay lay
doctrines, says the Wheeling Eeg!
.istes, this:decision will attract the
attention. OF the business Acommu-
nifty generally, ,Sand especially the
legal profession, inasmuch as ! it
covers nearly every phrase iofEthe
law sthat;is ,likelysto arise, siss,
The opinion was delivered by
Judge Green and covers $50 pages
Of manuscript. The case comes UP
from the Circuit Court Of Eayette
county and is STYLED, William Rad
ford and Henry Light appellants,
ss. MarthasA A and James Carwile,
appellees. The amount involved
is only about, ono hundred dollars,
but,thes case serves iass well for the
legal principles, ,asSif.lthoa amount
were'alhundrcd Pthousand!a aigl =
That the bearings Of the decision
may. De fully understood, II. give q
brief statement lof the facts upon
which tlle4suita was founded as
follows :,Ee lly9s 4 I sI!f.ils y I. , :
Wil1iam RadfSrd purchased q q
George Johnson and sara1hs a. a.
;hiswife, 20, acres Of land, in Fayette
county,; Westsy Virginia, ,gint tconsid,
eraation Of / 80 dollars. He after:
wards sold the same land To the
appcllees, or as he alleges to Mar,
tia Al. Carwile for s1G0, Of which
she paid $50, and She and her hus..
band executed their jointand several
bond fors the balance of.sloo.s! a, Al
the time Of making thei sale to the
appellee. .Radfordi had ,notyeta OBJ.
itained indeed fromlhisxendo John
SON and TO save expenses of two
deeds Johnson executed q deed
direct q ssIarthas a, carwile.
Radford alleges that the bond
was accepted iollI the credit 5ofi said
separate estate ofEAtartla created
blythe saidi deed.to. her, and charges
tlatsat,tllat!tiine her.husband swa.si
bankrupt and insolyent; and ho
therefore sought t, sabjeetait, as
the scparatc.estate e of the Is. said q il MAR
tia, to tho payment of the joint
and several,bond aofstheAhusband
;asnd.wifc.. 81 iist T. l,saF att9 ~ l:;al 4!
Martha denied in her answer
that said d bond i!! or any part: :is iofs it.w!aass
TO be charged TO her separate estate,
or that there was any agreement Of
any nature I Whatsoever, Ito that
effect before or after she endorsed
the bond!a itzil1f1pJ EiasIa
Henry Light, who was assignee,
of theibond, was made q party com-ii
plaintant, ,Sandt The. court 'below'dis-
missed the bill as to the said Mar
tha, being Of opinion that.tlle debt
wastnot a charge, upon her separate.
estate. ] Upon thisistate ofdaots an,
appeal and supersedeas were
allowed.
The decision Of the Court Of Ap.
peals, the syllabus, Of which, wses wses
give below, settles two important
points, ,,viz:' that thcseparate per-.
sO.a' festate,''i including the : rents
and profits Of the real estate Of q,
married woman, bis liable for her
debts incurred J, during coyerture,
upon'anypcontract ,or transaction
out of which a debt'' would have
arisen ii she were a jsms ;o's:s1ei ."
And secondly, that such liability
does not extend ito hero separate
real estate, and tho common law
disabilityito make anys contractor
incur any dcbs during her c'oTerturc. 4
which will any manner effect Or
Change ths sStp@ps II 2. Fl her sa tsal 3 estate,
is declared to be- still in force.
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