1174 HUSBAND AND WIFE. [ART. 45
estate of his wife by joint or separate deed, or may authorize an agent
or attorney to relinquish the same by a power of attorney executed
jointly with his wife or by himself without the joinder of his wife.
Where land la sold for partition by a proper proceeding in equity, the
inchoate dower of the wife of one of the tenants in common will be barred;
contra, if the bill does not ask for partition, and there is no proof that the
land can not be divided. How the wife's dower can be released or lost; plea
of "bona fide purchaser for value without notice." A Joint note prior to the
act of 1872, ch. 270, held not to be a release of dower. Mitchell v. Farrlsh,
69 Md. 237.
Prior to the act of 1888, ch. 329, a married woman under age could not
relinquish her dower by uniting in a mortgage. Glenn v. Clark, 53 Md. 603.
How the wife released her dower at common law, and under the code of
1860. A deed under the latter without acknowledgment, held invalid. Grove
v. Todd, 41 Md. 639.
See sections 6 and 7.
1904, art 45, sec. 13. 1888, art. 45, sec. 2. 1860. art. 45. sec. 2. 1872, ch. 270.
1896, ch. 243. 1898, ch. 457, sec. 13.
13. Where any married man or married woman is a lunatic or
insane, and has been so found upon inquisition and the said finding
remains in force, or where any married man or married woman has been
absent or unheard of for seven years, the husband or wife of such
lunatic or insane or absent person may grant and convoy by his or her
separate deed, whether the same be absolute or by way of lease or mort-
gage, as fully as if he or she were unmarried, any real estate which he
or she may have acquired since the finding of such inquisition or since
the beginning of such absence.
Where a husband has been found insane in a criminal case and is confined
accordingly, this section applies. Hadaway v. Smith, 71 Md. 321.
The application of this section to a marriage subsequent to the code of
1860 and prior to the act of 1872, ch. 270, discussed. Herbert v. Gray, 38 Md.
536 (dissenting opinion).
Cited but not construed in Klecka v. Ziegler, 81 Md. 484.
As to administration upon the estates of persons unheard of for seven
years, see art. 93, sec. 235.
Ibid. sec. 14. 1888, art. 45, sec. 17. 1880, ch. 253. 1898, ch. 457, sec. 14.
14. No husband shall be liable in any manner for any debts of his
wife contracted or for any claims or demands of any kind against her
arising prior to marriage, but she and her property shall remain liable
therefor in the same manner as if the marriage had not taken place.
This section held to have no application. Davis v. Carroll, 71 Md. 571.
Ibid. sec. 15. 1888, art. 45. sec. 18. 1880, ch. 253. 1898, ch. 457, sec. 15.
15. Proceedings at law or in equity, according to the nature of such
debts, claims or demands may be taken against such married women,
notwithstanding her coverture in her married name, joining her husband
therein as defendant; but no judgment or decree shall pass against the
husband or his estate, but such judgment or decree shall be passed
against the wife only; and it shall operate only upon her estate held
and owned by her prior or subsequent to said marriage.
See sections 5 and 20.
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