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486 HIGH COURT OF CHANCERY. tors. The proviso to the section is "That such money or pro- perty shall be liable for the payment of any claim or debt in- curred by such married woman, and be liable to be proceeded against by attachment from the County Court, to compel such payment upon petition and proof of claim, according to the circumstances of each case, and according to the course of the attachment law." When the creditor proceeds under this Act, to reach the property of a married woman, he must show that she earned it by her skill, industry, or personal labor, and he must prove bis claim according to the course of the attachment law, pro- ceeding by way of attachment from the County Court. The questions of fact, and the questions of low which may arise under this Act of Assembly, and the proceedings which it authorizes, are questions intended and peculiarly fitted for decision by Courts of Law, aided by juries. In the case now under consideration, a great deal of evi- dence has been taken, and much of the argument has turned upon two questions of fact: first, whether the property in dis- pute was earned by Mrs. Seymour, and secondly, whether, con- ceding she did earn it, in a certain sense, it was so exclusively the fruit of her skill, industry, or personal labor, as to subject it to the demands of the parties who are seeking to be paid out of it. Now I think it very clear that these are questions of fact, not only peculiarly proper to be passed upon by a jury, but that it was the manifest intention of the Legislature that they should be so passed upon, and that this Court, in under- taking to decide them, would be unduly stretching its au- thority. The Legislature, by this law, has conferred certain rights upon, and subjected married women, or the fruits of the indus- try and labor of married women, to the claims of creditors who can bring themselves within its provisions; but a peculiar and special mode of proceeding to be pursued by them, is to be marked out, and there can, it is thought, be no doubt that they are restricted to that mode. The proceeding is by way |
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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
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