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Castner v. Sliker

COURT OF CHANCERY OF NEW JERSEY
Sep 1, 1887
43 N.J. Eq. 8 (Ch. Div. 1887)

Summary

In Castner v. Sliker, supra, Chancellor McGill, invoking the case of Porch v. Fries, held that the husband was not a necessary party to a suit for partition instituted by the wife, since under the Married Woman's Act the husband then had no estate or interest in his wife's lands.

Summary of this case from Hopper v. Gurtman

Opinion

09-01-1887

CASTNER v. SLIKER and others.

Martin Wyckoff, for demurrant. Paul A. Queen, for complainant.


(Syllabus by the Court.)

On demurrer to bill by married woman for partition.

Martin Wyckoff, for demurrant. Paul A. Queen, for complainant.

MCGILL, Ch. The bill is filed by Rachel Castner, for the partition of certain lands of which she is one of the tenants in common, and discloses that the complainant is a married woman, whose husband is alive, and is not a party to the suit. The demurrer raises the question whether he should have been made a party. Mrs. Castner's interest in the land was acquired in August, 1857, by devise from her grandfather. By force of the third section of the act entitled "An act for the better securing the property of married women," approved March 25, 1852, (P. L. 407,) now incorporated in section 3 of the married woman's act in the Revision of 1874, (Revision, 637,) she holds this interest as "her sole and separate property, as though she were a single woman." Because of this statute the husband has no estate of tenancy by the curtesy initiate in his wife's lands, even though the common-law requisites to that estate may exist. Porch v. Fries, 18 N. J. Eq. 208. By force of the eleventh section of the married woman's act, (Revision, 638,) the complainant may maintain an action for the "recovery and protection" of this property in her own name, without joining her husband. A suit in partition is an action within the contemplation of the statute; and especially so, when, as in this case, the married woman complainant is out of actual possession and enjoyment of her interest in the land. The husband of Mrs. Castner, then, is not a necessary party to the suit, and consequently the demurrer will be overruled, with costs.


Summaries of

Castner v. Sliker

COURT OF CHANCERY OF NEW JERSEY
Sep 1, 1887
43 N.J. Eq. 8 (Ch. Div. 1887)

In Castner v. Sliker, supra, Chancellor McGill, invoking the case of Porch v. Fries, held that the husband was not a necessary party to a suit for partition instituted by the wife, since under the Married Woman's Act the husband then had no estate or interest in his wife's lands.

Summary of this case from Hopper v. Gurtman

In Castner v. Sliker, 33 N.J.L. 507, also in this court, the then Chancellor Zabriskie, in commenting on certain rather strong language in the charge which is quoted at page 511, pointed out that the ultimate finding of facts was left with the jury, and concluded: "It is the right and duty of a judge to comment upon the evidence, and in cases where he thinks it required for the promotion of justice, to give his views upon the weight of it, provided he leaves it to them to decide, upon their own views of it.

Summary of this case from State v. Hauptmann

In Castner v. Sliker, 33 N.J.L. 507 (at p. 511), a quotation from the charge reads in part as follows: "If you believe that the loss of the plaintiff's eyesight was the result of an intentional act on the part of the defendant, I cannot perceive how you can hesitate to find in favor of the plaintiff * * *. It is difficult to imagine how, under the ordinary conditions of a private combat, such extreme violence can be justified.

Summary of this case from Stern v. Wagenheim
Case details for

Castner v. Sliker

Case Details

Full title:CASTNER v. SLIKER and others.

Court:COURT OF CHANCERY OF NEW JERSEY

Date published: Sep 1, 1887

Citations

43 N.J. Eq. 8 (Ch. Div. 1887)
10 A. 493

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