Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1896-01-25
INTERESTING DECISIONS.

The Court of Appeals on Thursday
rendered two interesting decisions
brief mention of which was made yes
terday
Miller against Miller's administrator
and others, from the Circuit Court o
Culpeper, case very similar to the
one recently decided involving the
question of married woman's separate
estate. The case Thursday was
| whether or not Sarah j. Miller took a
separate estate in the land conveyed to
her Jointly with Mary E. White by 6
deed from Carter B. Cropp and his
wife. The court held that no particular
form of words was necessary in order
to vest property in married woman,
and thus create separate estate. All
that was necessary was to make the in
tentlon clear and unequivocal, as the
law would not lightly deprive the hus-
band OF his legal rights. In this case
the intention was clear.
"The extent of the liability of the
separate estate for the general engage
ments of the married women and the
manner of its enforcement" the
opinion states, "were fully con-
sidered in the case of Price
against the Planters Bank, &C., which
renders any extended discussion
of the subject here unnecessary. 1t
was there held that the liability will be
enforced, as we'll after the termination
of the coverture as during its existence,
and that where the separate estate con-
sists of really only the rents and profits
thereof will be subjected to the pay
ment Of the debts, unless these will
never discharge the debts, OF will not
do so within q reasonable time, in
which case the land itself may be sold.
Upon review of the evidence we are
of opinion that there is no error ia the
decree Of the Circuit Court establishing
the debts reported by Commissioner
Grimsley to be q charge in favor of the
appellant upon the separate estate of
Sarah J. Miller, deceased. y
We find no error in the decree of the
Circuit Court, except its refusal to sub.
ject the separate estate OF Sarah j..
Miller to the payment of the debts due
to the appellant, and which it estab-
lished against her estate. For this
error its decree to that extent must be
reversed, and the cause remanded to
the court. with direction to cause the
land to be rented for the payment of
the debts until they are discharged, or
to sell the same for that purpose, If the
rents and profits of the land will not
discharge the debts, or do so within
a reasonable time"
Raub against Otterback. From the
Circuit Court of Fairfax. Affirmed
Opinion by Judge Harrison.
This was an attachment in equity,
with a joint personal decree against
the appellees, one Of whom was non.
resident, entered in June, 1879. No
decree was taken for the sale of the
non-resident's interest in the land
sought to be attached, nor was any ex-
ecution issued under the personal de-
cree. In August, 1889, appellant had q
sci. fa. issued to revive and to have ex-
ecution. Plea of nul til record, and
limitations by one appellee and of linn.
itations only by the other. Judgment
in favor of defendants affirmed by this
court in SO Va, 645.
Since final judgment in that proceed
ing appellant filed his petition, which
was dismissed, and then his bill of re-
view in certain consolidated chancery
proceedings pending in Fairfax County
Court, where funds were being admin
istered, in which appellees were inter-
ested, setting forth the personal decree,
alleging its docketing, and that it was
lien upon the real estate at
tached, which had been ordered
to be sold in said pending chan
Gerry causes, and asking to have the
debt allowed and paid out of any funds
coming to appellees from said sale.
Demurrer to bill sustained and the bill
dismissed.
Held: Questions raised are res ad-
iudicata. The final, general judgment
in the scire facias proceedings, upon the
pleas of null til record aud the statute
OF limitations, ended all right in the ap-
pellsnt to enforce said decree against
the defendants, either in law or equity.
2. The return of the sherif-"exe.
cuted upon the tract of land within
mentioned"-is too vague and uncer-
tain. The levy must contain such gen.
eral description of the land, and with
such substantial accuracy as will con-
meet it with the sale when made, so
that purchasers may know the land or
interest therein to be sold and be able
to form some estimate of its value;
and, further, the levy should describe
the land with such precision that il
may be easily identified when conveyed
by looking alone to the levy without the
aid of the extrinsic evidence. So Va,
124; 2 Hump, 395; IL Gill q John
son, 81.
Where no valid attachment is levied
no lien is acquired on the real estate
of the debtor.
Ayers Hair yigor is certainly remark
able preparation and nothing like it has eve
been produced. No matter how wiry and
unmanageable tho hair may be, under the in
nuence of this Incompatible dressing, it be