Campbell v. McBee
Campbell v. McBee
Opinion of the Court
delivered the opinion of the court.
Mary K. McBee, a married woman, inherited from her mother one hundred and sixty acres of land, and under the Acts of 1876&emdash;7 and 1877-8 she became seised and possessed
The land sought to be subjected to these liens is conceded to have been, in her lifetime, the legal separate estate of Mary K. McBee, held as such by virtue of the Married Woman’s Act of 1876-7—8. It is unnecessary to enter upon an elaborate consideration of this act. It is comprehensive in defining the sole ownership, and absolute character, of the estate created in the wife by it. She can devise it as if unmarried, can alien and encumber it, and, if her husband does not voluntarily unite with her in a deed parting with it, she can pass an absolute title to it by invoking the aid of a court of equity. The act guards the estate, thus absolutely vested in the wife, with great particularity, from the debts and liabilities, and from any and every power of the husband. The husband has no interest, during the wife's lifetime, in the estate of the wife created by this act, and judgments against him cannot attach to what does not exist. If the
In the case at bar, the debt secured to the appellant, Jennie Lawson, in the trust deed from Mary K. McBee and her husband, to A. A. Campbell, substituted trustee, is a lien upon the land conveyed in that deed, prior in dignity to the judgments audited against the appellee, Milo McBee, and must be first satisfied in full from the proceeds of sale before the judgment creditors can receive anything.
The decree of the Circuit Court appealed from is, for the foregoing reasons, erroneous, and must be reversed and annulled, and the cause remanded for further proceedings to be had therein, in conformity with this opinion.
Reversed:
Reference
- Full Case Name
- Campbell, Trustee, and Others v. McBee and Another
- Cited By
- 6 cases
- Status
- Published
- Syllabus
- 1. Separate -Estate Under Acts of 1877 and 1878&emdash;Interest of Husband&emdash; Curtesy&emdash;Judgment Against Husband.&emdash;The husband has no interest, during the lifetime of the wife, in the real estate acquired by her as a separate estate under the Act of April 4, 1877, as amended by the Act of March 14,1878. If the wife dies intestate and the husband is entitled to curtesy, a judgment against the husband during the coverture will attach to his estate by the curtesy, but in subordination to a deed of trust made by husband and wife during the, coverture.