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The Annotated Code of the Public General Laws of Maryland, 1924
Volume 375, Page 1702   View pdf image (33K)
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1702 ARTICLE 45.

of for seven years, the husband or wife of such lunatic or insane or absent
person may grant and convey by his or her separate deed, whether the same
be absolute or by way of lease or mortgage, 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.

A married man has the power, without his wife's joinder, to convey real estate
acquired after inquisition finding her a lunatic. Conveyance of realty so as to
convert it into stock, or other personal property, because of mental condition of
wife and incumbrance of real estate by her dower in case of husband's death. Con-
veyance of personal property. Kernan v. Carter, 132 Md. 580.

Where a husband has been found insane in a criminal case and is confined ac-
cordingly, this section applies. Hadaway v. Smith, 71 Md. 321.

Application of this section to a marriage subsequent to Code of 1860 and prior
to 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. 243.

An. Code, sec. 14. 1904, sec. 14. 1888, 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.

An. Code, sec. 15. 1904, sec. 15. 1888, 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, not-
withstanding 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 secs. 5 and 20.

An. Code, sec. 16. 1904, sec. 16. 1888, sec. 19. 1880, ch. 253. 1898, ch. 457, sec. 16.

16. Any married woman against whom any proceeding may be taken
under the two preceding sections shall have power to appoint an attorney
at law to act for her in such proceeding.

Where a husband without his wife's authority employs counsel for her, she is not
bound. Taylor v. Welslager, 90 Md. 416.

An. Code, sec. 17. 1904, sec. 17. 1888, sec. 14. 1898, ch. 457, sec. 17. 1867, ch. 223.

1900, ch. 135.

17. In all cases where leases for a definite term, or for a term of years,
renewable forever, have been or may hereafter be made to a married
woman, and the rent therein stipulated to be paid shall be in arrear and
unpaid, it shall be lawful for the landlord to levy said rent by distress
in the same manner as if the lessee were a feme sole; and in case of no
sufficient distress being found on said premises, to make such re-entry or
bring such action for recovery of the demised premises as he or she might

 

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The Annotated Code of the Public General Laws of Maryland, 1924
Volume 375, Page 1702   View pdf image (33K)
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