Kaiser v. Stickney
Kaiser v. Stickney
Opinion of the Court
delivered the opinion of the court:
In September, 1867, Henry Kaiser, husband of Caroline, executed a deed to the lots in question to Frederick Johnson, who immediately conveyed the same, by deed, to the wife, Caroline, absolutely. This was a good conveyance, as no creditors of tbe husband contest. It is not pretended that he was indebted at the time. This conveyance was good, independent of the statute in force, in this District in relation to the sole estate of married women. Nor is this conveyance regulated by the provision that the title of the wife is as absolute as though she were a feme-sole. In regard to this conveyance, she is not to be regarded as a, feme-sole. Other rules regulate her powers and liabilities over this property.
. Having an estate in the property, without the intervention of a trustee, with limitations in the terms of settlement, she is to be governed in her disposition thereof by the rules of equity. Being the owner of this property, she borrowed, in 1871, of the Freedman’s Savings and Trust Company, the amount in controversy, and executed a deed of trust to secure the amount upon said lots. In this deed her husband joined. The matter may have terminated disastrously to the wife, but she got the money; and it is stated by the record furnished by her counsel — and such is the fact — that the husband was induced to convey the property to the wife.
She took charge of it, and now she complains that, as she was a married woman, she could not bind her estate. An unmarried woman of the proper age may make such disposition of herself and property, in the absence of fraud and im
Reference
- Full Case Name
- CAROLINE AND HENRY KAISER v. GEORGE W. STICKNEY, SURVIVING TRUSTEE, AND JOHN A. J. CRESWELL, ROBERT PURVIS, AND R. H. T. LEIPOLD, COMMISSIONERS OF THE FREEDMAN'S SAVINGS AND TRUST COMPANY
- Status
- Published