| Volume 200, Volume 3, Page 578 View pdf image (33K) |
 |
|
|
 |
|
|
578 INDEX. HUSBAND AND WIVE—Continued. templation of marriage, and it does not appear that it was made known to the intended husband, either expressly or by construction of law, he will be presumed to have been ignorant of it, and the onus is upon the party claiming under the deed to show affirmatively that he had notice. Ib. 14. It is the settled American doctrine that the registration of a conveyance ' operates as constructive notice upon all subsequent purchasers of any estate legal or equitable in the same property, and it is not easy to sug- gest a good reason why this doctrine should not apply to the intended husband. Ib. 15. Property was settled upon a wife by her first husband for her separate use, free from any control other husband, with the power of absolute disposi- tion by deed or will. HELD—- That this settlement was operative as against the marital right of a second husband. Ib. 16. The protection which Chancery gives to the separate estate of a married woman, with its qualifications and restrictions, attaches to it throughout a subsequent coverture, the principle being that a person marrying a woman so circumstanced is considered as adopting it in the state in which he finds it, and bound in equity not to disturb it. Ib. See FRAUDULENT CONVEYANCES, 18. PART PERFORMANCE, 1 to 9. EVIDENCE, 3, 4. GUARDIAN AND WARD,4, 5. MORTGAGE, &C., 5. ILLEGITIMATE CHILDREN. 1. A woman died intestate, leaving an illegitimate eon and other children born in lawful wedlock. HELD— That by the Act of 1835, ch. 156, the illegitimate son was entitled to share equally with the other children in the mother's estate. Earle 4. McNier vs. Dawes, 230. IMPROVEMENTS, ALLOWANCES FOR. 1. Where a tenant for life puts improvements upon property for the mutual accommodation of himself and those entitled in remainder, and the pro- perty is sold to promote the interests of all parties interested, he will be allowed the value of such improvements out of the proceeds of sale. Gambril vs. Gambril, 259. 2. Though a mortgagee or a tenant in possession may not in all cases be allowed for new improvements, yet a party thinking himself absolutely entitled, who has expended considerable sums in repairs and lasting im- provements, will be allowed for such expenditures. Ib. See DOWER, 7. INADEQUACY OF PRICE. See SALES BY TRUSTEES, 10. MORTGAGE, &c., 15. INCUMBRANCES. See SALES BY TRUSTEES, 2, 3. INDEFINITE FAILURE OF ISSUE. See WILLS, &c., 2, 3, 4, 12, 13. |
| |||
|
| ||||
|
| ||||
Please view image to verify text. To report an error, please contact us.
Reports of Cases in the High Court of Chancery of Maryland 1846-1854
| Volume 200, Volume 3, Page 578 View pdf image (33K) |
|
Tell Us What You Think About the Maryland State Archives Website!
|
An Archives of Maryland electronic publication.
For information contact
mdlegal@mdarchives.state.md.us.
Maryland State Archives