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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 3, Page 483   View pdf image (33K)
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CRANE VS. SEYMOUR. 483
BENJAMIN CRANE AND OTHERS
vs. SEPTEMBER TERM, 1860.
ANNE E. SEYMOUR AND OTHERS.
[ACT or 1842, CH. 293, RELATING TO MARRIED WOMEN.]
WHEN a creditor proceeds under the 9th Section of the Act of 1842, ch. 298,
to reach the property of a married woman, he must show that she earned
it by her skill, industry, or personal labor, and must prove his claim ac-
cording to the course of the attachment law, proceeding byway of attach-
ment from the County Court.
The questions of fact and of law which may arise under this act, and the
proceedings it authorizes, are intended and peculiarly fitted for decision
by Courts of law aided by juries.
The question whether the property was earned by the married woman, and
is liable for her debts, must be passed upon by a jury, and equity can only
interfere to preserve the property from waste or destruction pending the
litigation at law.
A peculiar and special mode of proceeding, to be pursued by creditors who
attempt to reach the property of married women under this Act, is pre-
scribed by the Act itself, and to this mode creditors are restricted.
[The facts of this case are fully stated in the opinion of the
Chancellor.]
THE CHANCELLOR:
It appears by the record in this case, that on the 24th of
October last, the complainant, Crane, sued out of Baltimore
County Court the writ of attachment against the defendant,
Anne E. Seymour, a married woman, founding his right so to
proceed upon the 8th section of the Act of 1842, ch. 293; and
that the writ so issued was returned by the sheriff, laid in the
hands of Bardolph, and Boulding, and others, on the following
day, being the 25th of the month.
The attachment was issued to recover the sum of $134 89,
for sundry articles of merchandise sold and delivered by the
plaintiff to Mrs. Seymour (according to the petition filed by

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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 3, Page 483   View pdf image (33K)
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