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INDEX. 565 GUARDIAN AND WARD. See SET-OFF, 3. HUSBAND AND WIFE. 1. The wife is entitled to a provision out of her estate, when the aid of a court of equity is necessary to enable the husband or his assignees to get possession of it, as a matter of right, but the amount is a subject of discretion depending upon the special circumstances of each case. Hall vs. Hall, 283. 2. The act of 1841, ch. 161, protects the interest of the husband in real es- tate of the wife from liability for his debts during the life of the wife, and this protection extends to the proceeds of such estate when sold for the purposes of partition. Ib. 3. The wife's share of the grandmother's personal estate was paid by the executor to the husband in his own right, and was applied by him in the purchase of property for which he took the deed in his own name, in 1842, and held the property as his own until 1847, when it was con- veyed to his wife. HELD— That under these circumstances the property could not be regarded as belonging to the wife, but was liable to the husband's creditors Wylie vs. Basil, 327. See MARRIED WOMEN. ANTENUPTIAL SETTLEMENT. IMPROVEMENTS ON LAND. See SPECIFIC PERFORMANCE,3. INADEQUACY OF PRICE. 1. If the grantor be compos mentis, and there be no fraud or imposition practiced upon him by the grantee, the transfer must stand though the thing sold be worth four times as much as by the contract was agreed to be paid for it. Robinson vs. Robinson, 167. 2. Where property is sold for $750, which is worth ^2800, the inadequacy is so great as to shock the conscience, and to amount in itself to con- clusive and decisive evidence of fraud, and would of itself be a suffici- ent ground for refusing a specific performance of the contract if it re- mained unperformed. Ib. See SALES BY TRUSTEES, 1. INCREASE. OF FEMALE SLAVES See WILL AND TESTAMENT, 12. INFANCY, INFANTS. 1. Making the infants complainants, does not dispense with the necessity of proof in support of the allegation that it will be for their interest to have the land sold. Watson, vs. Godwin, 25, 2. Neither the answer of the infant, nor the answer of adult defendants confessing the fact, is evidence to affect the infant. Ib. 3. In this state the legal minority of a female infant, so far as the capacity to receive from the guardian is concerned, ends at the age of eighteen, and she is then entitled to receive her property, but for many purposes her legal minority does not cease until she is twenty-one years of age. McKim vs. Handy, 228. |
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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
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