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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 3, Page 140   View pdf image (33K)
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140 HIGH COURT OF CHANCERY.
a sale; and there is besides direct evidence, of a character s6
strong, that in my judgment no reasonable doubt can be enter-
tained upon the subject. I shall therefore send this case to
the Auditor, with directions to state an account between the
parties in the usual manner, and report the same to this Court
for its further order.
GEO. H. WILLIAMS, for Complainant,
DOROTHY E. DUNNOCK, BY HER
NEXT FRIEND,
vs. > SEPTEMBER TERM, 1852.
SAMUEL DUNNOCK AND LEVIN
DUNNOCK.
[ALIMONY—DIVORCE— PRACTICE—JURIISDICTlON.]
UNDER the prayer for general relief, the plaintiff may have any relief con-
sistent with the specific relief prayed, which may be warranted by the
allegations of the bill.
Where tha whole object of the bill and the specific relief prayed, for ia a
separate maintenance or alimony to the wife, so long as the separation
between her and her husband may continue, it may well be doubted if a
divorce, a mensa et thoro, could be granted under the prayer for general
relief. ,
Under the Act of 1841, ch. 262, and its supplements, alimony is an incident
to the power of granting divorces, and cannot be awarded to the wife ex-
cept as a consequence of the exercise of such power.
But the Act of 1777, oh. 12, sec. 14, giving the Chancellor as full authority
in cases of alimony as the Ecclesiastical Courts have in England, ia not
repealed by the Act of 1841, ch. 262.
Upon a proper case, this Court will grant the wife alimony, or a suitable
maintenance by the husband, or out of his estate, though a divorce, a
mensa et thoro, be not asked for.
The wife under certain circumstances is entitled to alimony, to be paid by
he husband, or out of his estate, but no case has been found where the
Court, upon an application for alimony, has investigated the character of
alienations of property made by the husband, so as to compel his alienee
to pay the allowance to the wife.

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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 3, Page 140   View pdf image (33K)
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