1992 ARTICLE 45

Under this section and sec. 20, a wife may, by contract or deed, relinquish her dower
so that real estate then belonging to, or afterwards acquired by, her husband, may be
conveyed by him alone. Hill v. Boland, 125 Md. 117.

For the powers of a married woman under sec. 12 of art. 45 of the Code of 1888,
see Masterman v. Masterman, 129 Md. 176.

Where land is sold for partition by a proper proceeding in equity, the inchoate
dower of wife of one of the tenants in common will be barred; contra, if bill does
not ask for partition, and there is no proof that land cannot 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 act of 1872, ch. 270, held not to be a release of dower.
Mitchell v. Farrish, 69 Md. 237.

Prior to 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 wife released her dower at common law, and under Code of 1860. Deed under
latter without acknowledgment, held invalid. Grove v. Todd, 41 Md. 639.

See secs. 6 and 7 and notes to sec. 1.

Cited but not construed in Bishop v. Safe Dep. & Tr. Co., 170 Md. 619.

Cited in Safe Deposit & Trust Co., 3 F. Supp. 151.

An. Code, 1924, sec, 13. 1912, sec. 13. 1904, sec. 13. 1888, 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 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. Conveyance of
personal property. Kernan v. Carter, 132 Md. 580.

Where a husband has been found insane in a criminal case and is confined accordingly,
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, 1924, sec. 14. 1912, 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, 1924, sec. 15. 1912, 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.