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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 4, Page 287   View pdf image (33K)
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HALL VS. HALL. 287
I do not, however, propose to go into this inquiry, nor to ex-
press a positive opinion that, standing alone upon the equitable
doctrine of the court as established by the adjudged cases, the
circumstances of this case are or are not sufficient to justify the
giving the whole of this fund to the wife for the maintenance
of herself and her children.
The late Benedict W. Hall from whom the estate, which has
been sold, descended to his heirs at law. the wife of William
F. Turner being one, died in February. 1843, intestate, and
consequently after the passage of the act of 1841, ch. 161.
That act declares "that no real estate, hereafter acquired by
marriage, shall be liable to execution during the life of the wife,
for debts due from the husband."
As, therefore, the interest of the husband in this land, was
acquired after the passage of this act, it is clear, and has not
been denied, that it is protected from execution for debts due
from him so long as his wife shall live. And, I do not suppose,
that the legislature meant simply to protect it from execution,
restricting that term to its technical signification, but they
meant, I am persuaded, that during the life of the husband and
wife, her lands should not be made liable to pay his debts.
Why should it be protected from the execution of his judgment
creditors and exposed to be sold by his insolvent trustee after
those creditors had forced him to petition, as at the time of the
passage of the act they might readily have done by the writ of
ca. sa. ?
Looking to the policy and spirit of the act it would, I think,
be falling short of the object which the legislature had in view,
to confine its operation within the narrow limits contended for.
But, it is said, that though the act may suspend the right of
the creditors of the husband, either by direct execution against
the land acquired by the marriage, or through the instrumen-
tality of his trustee, when he petitions for the benefit of the in-
solvent laws during the life of his wife, provided the nature of
the property is not changed, yet if it be changed and converted
into money, the property in its new shape is no longer under
the protection of the law.

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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 4, Page 287   View pdf image (33K)
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