HUSBAND AND WIFE. 1691

19. Husband in action to recover in right of his wife after her death may de- clare how the right accrued to his wife and devolved on him. 20. Married woman may contract with husband or form co-partnership

with him or with others. Her lia- bility on such contracts. 21. Husband liable for debts validly con- tracted by wife in his name as at common law.

An. Code, sec. 1. 1904, sec. 1. 1888, sec. 1. 1892, ch. 267. 1898, ch. 457.
1. The property, real and personal, belonging to a woman at the time
of her marriage, and all the property which she may acquire or receive after
her marriage, by purchase, gift, grant, devise, bequest, descent, in the course
of distribution, by her own skill, labor or personal exertions, or in any other
manner, shall be protected from the debts of the husband, and not in any
way be liable for the payment thereof; provided, that no acquisition of
property passing to the wife from the husband after coverture shall be
valid if the same has been made or granted to her in prejudice of the rights
of his subsisting creditors, who, however, must assert their claims within
three years after the acquisition of the property by the wife, or be absolutely
barred, and, for the purpose of asserting their rights under this section,
claims of creditors of the husband not yet due and matured shall be con-
sidered as due and matured.

Conveyances from husband to wife.

A gift or conveyance from husband to wife is valid, if it does not prejudice sub-
sisting creditors. Requisites of a bona fide conveyance from husband to wife.
Myers v. King, 42 Md. 69; Trader v. Lowe, 45 Md. 14; Miller v. Johnson, 27 Md.
H; Bowie v. Stonestreet, 6 Md. 430. (See sec. 2.)

If a wife is a creditor, this section does not prevent her being treated by her
husband accordingly. A deed for the benefit of the wife, held valid. Crane v.
Barkdoll, 59 Md. 535.

As to how relation of debtor and creditor between husband and wife (prior
to sec. 20) was established, see Farmers' Bank v. Jenkins, 65 Md. 248; Sabel v.
Slingluff, 52 Md. 132; Odendhal v. Devlin, 48 Md. 446; Drury v. Briscoe, 42 Md.
161; Hill v. Hill, 38 Md. 184; Mayfield v. Kilgour, 31 Md. 241; Kuhn v. Stanfield,
28 Md. 210; Edelen v. Edelen, 11 Md. 420; State v. Reigart, 1 Gill, 2.

Where husband collected money belonging to wife's separate estate and promised
to repay it, the wife was a bona fide creditor of husband. Drury v. Briscoe, 42 Md.
161. Contra, however, if husband does not expressly promise to repay. Kuhn v.
Stanfield, 28 Md. 210; Edelen v. Edelen, 11 Md. 420.

A conveyance from husband to wife, held void under this section, save as to value
of wife's separate estate which was part of consideration for deed. Hull v. Deering,
80 Md. 429.

Conveyances from husband to wife are void under this section only so far as the
original parties and their privies and others claiming under them with notice, are
concerned. This section has no application to bona fide purchasers for value. The
case of Levy v. Rothschild, 69 Md. 348, and other cases explained. (See sec. 2.)
Nicholson v. Condon, 71 Md. 622; Farmers' Bank v. Brooke, 40 Md. 256 (discussing
also the burden of proof).

A mortgage and single bills held invalid as between husband and wife, and also
as to a purchaser from the wife with notice. What amounts to notice? (See sec. 2.)
Green v. Early, 39 Md. 229. See also Milholland v. Tiffany, 64 Md. 457.

A transfer from husband to wife, held void notwithstanding an attempt to set
up a secret parol trust. Plummer v. Jarman, 44 Md. 638.

A deed executed for a simulated consideration to a son, who immediately conveys
without consideration to the wife, is void. Norberg v. Records, 84 Md. 570.

Prior to Code of 1860, the wife's money, goods and chattels, vested absolutely in
the husband, and so as to money paid a married woman during coverture unless it
was expressed to her sole and separate use. Hence, a promise by husband to