1168 HUSBAND AND WIFE. [ART. 45

reference to the property held under section 2, code 1860); Trader v. Lowe,
45 Md. 14; Whitridge v. Barry, 42 Md. 152; Herbert v. Gray, 38 Md. 536 (dis-
senting opinion); Preston v. Fryer, 38 Md. 225; Hill v. Hill, 38 Md. 184;
Hubbard v. Barcus, 38 Md. 180: Hall v. Eccleston, 37 Md. 518 (discussing
also the law prior to 1860); Barton v. Barton, 32 Md. 224; Schull v. Murray,
32 Md. 16; Krone v. Llnville, 31 Md. 145; Buchanan v. Turner, 26 Md. 6;
Weems v. Weems, 19 Md. 344; Lawes v. Lumpkin, 18 Md. 340; Linger v.
Price, 9 Md. 557.

As to how a wife's separate estate was created prior to the code of 1860,
see Brandt v. Mickle, 28 Md. 449; Hutchins v. Dixon, 11 Md. 37; Taggart v.
Boldin, 10 Md. 117; Turton v. Turton, 6 Md. 376; Carroll v. Lee, 3 G. & J. 504.

For a case Involving the authority of a married woman to dispose of per-
sonal property held to her separate use prior to the code of 1860, see Chew v.
Beall, 13 Md. 359.

A separate estate in the wife in personal property was unknown to the
common law. Carroll v. Lee, 3 G. & J. 504.

Married women under age.

For a mortgage by a married woman under age, held invalid, see Crouse v.
Clark, 4 Md. Ch. 404. As to contracts by a female infant in contemplation,
of marriage, see Levering v. Heighe, 3 Md. Ch. 370; Levering v. Heighe, 2
Md. Ch. 81.

Prior to the act of 18S8, ch. 329 (see section 12), a married woman under
age could not relinquish her dower by uniting in a mortgage. Glenn v. Clark.
53 Md. 603.

As to a conveyance of dower by a married woman under age, see sec. 12.

As to the power of married women between eighteen and twenty-one years
of age, to make a deed of trust, see art. 21, sec. 1.

Generally.

A deed by a married woman not in conformity to the law at the time it is
executed, is void. Gebb v. Hose, 40 Md. 387; Preston v. Fryer, 38 Md. 225.

The provisions of sections 1 and 2 of article 45 of the code of 1860, author-
izing married women to acquire and hold property, do not affect the nature
of the estate conveyed by a deed to them jointly. Fladung v. Rose, 58 Md.
21; Marburg v. Cole, 49 Md. 412.

For cases arising under section 11 of the code of 1860 (relating to the
right of a married woman to convey her property Jointly with her husband),
see Armstrong v. Kerns, 61 Md. 366; Greenholtz v. Haeffer, 53 Md. 186; Whit-
ridge v, Barry, 42 Md. 152; Gebb v. Rose, 40 Md. 392; Emerick v. Coakley, 35
Md. 191.

For a case discussing article 45, section 2 of the code of 1860, with refer-
ence to whether our insolvent laws extended to married women (prior to
artice 47, section 35), see Relief Bldg. Assn. v. Schmidt, 55 Md. 100.

For a case involving the execution by a married woman, of a power, see
Schley v. McCeney, 36 Md. 266.

Cited but not construed in Barton v. Barton, 32 Md. 223 (article 45, section
2, code of 1860); Allers v. Forbes, 59 Md. 376 (article 45, section 2, code of
1888); Vogel v. Turnt, 110 Md. 198.

1904, art. 45, sec. 5. 1898, ch. 457, sec. 5.

5. Married women shall have power to engage in any business, and
to contract, whether engaged in business or not, and to sue upon their
contracts, and also to sue for the recovery, security or protection of
their property, and for torts committed against them, as fully as if
they were unmarried; contracts may also be made with them, and
they may also be sued separately upon their contracts, whether made
before or during marriage, and for wrongs independent of contract
committed by them before or during their marriage, as fully as if they
were unmarried; and upon judgments recovered against them, execution
may be issued as if they were unmarried; nor shall any husband be