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Babbitt v. Morrison

Supreme Court of New Hampshire Merrimack
Aug 1, 1878
58 N.H. 419 (N.H. 1878)

Opinion

Decided August, 1878.

Section 13 of c. 164, Gen. St., was an enabling, not a disabling, act. It enlarged the common-law rights of a married woman, but did not abridge her power to charge her separate estate with the payment of her husband's debts.

BILL IN EQUITY, to foreclose a mortgage made, June 1, 1875, by the defendants to the plaintiffs, to secure the payment of money loaned at the same time by the plaintiffs to Mr. Morrison, as to whom the bill was taken pro confesso. Mrs. Morrison answered, claiming that part of the land was hers, and that, as to that part, her coverture was a defence.

Pike Blodgett, for the plaintiffs, cited Crane v. Thurston, 4 N.H. 418, 423; Albin v. Lord, 39 N.H. 196, 204; Batchelder v. Sargent, 47 N.H. 262, 265; Stephen v. Beall, 22 Wall. 329, 337, 338; Eaton v. Nason, 47 Me. 134; Maxon v. Scott, 55 N.Y. 247; Nash v. Spofford, 10 Met. 192; Willard v. Eastham, 15 Gray 328, 335; Bartlett v. Bartlett, 4 Allen 440; Heburn v. Warner, 112 Mass. 271; Thacher v. Churchill, 118 Mass. 108; Jones v. Crosthwaite, 17 Iowa 393, 399; 2 Bl. Com. 292, n.; 2 Kent. Com. 167; 2 Story Eq., ss. 1,378-1,401 a; 1 Bishop Law of Married Women, c. 36; 2 id. c. 17.

Murray, for Mrs. Morrison.


The statute in force when the mortgage was made was an enabling, not a disabling, act. It enlarged the common-law rights of a married woman, but did not abridge her power to charge her separate estate with the payment of her husband's debts. The plaintiffs are entitled to judgment.

Case discharged.

FOSTER, J., did not sit.


Summaries of

Babbitt v. Morrison

Supreme Court of New Hampshire Merrimack
Aug 1, 1878
58 N.H. 419 (N.H. 1878)
Case details for

Babbitt v. Morrison

Case Details

Full title:BABBITT a. v. MORRISON and Wife

Court:Supreme Court of New Hampshire Merrimack

Date published: Aug 1, 1878

Citations

58 N.H. 419 (N.H. 1878)

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