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The Green Bag.

on the judgment; that the sheriff had levied on the real estate and was proceeding to sell the same, and that the lender knew of the fraudulent purpose of the husband to defeat the marital rights of the wife in the land. Upon these allegations, the court decided that the question, whether the judgment was collusively and fraudulently confessed, to deprive the wife of her right of dower in the land levied on, should go to a jury, and if the jury found the facts in favor of the wife, and might lose the enjoyment of that which the judgment would not be good as against he had conveyed before he was through with the rights of dower of the wife in the hus it. So at the same time the husband leased band's lands, but would .be good between the property from the trustee for his life at a the immediate parties thereto. nominal rent. The conveyance was however Now there is a wide distinction between set aside at the instance of the wife. real and personal property when it conies Still another husband conceived a plan to to the marital rights of husband and wife. profit by the mistakes of all the other hus The trouble we have already spoken of when bands. He would make no conveyance a man marries pertains wholly to realty. If without consideration, nor give a mortgage that portion of the race, mad on the matter without value received. He decided he of marriage, would own no real estate or would borrow money, run into debt and per would convert all their acres into cash before mit himself to be sold out at a judicial sale marriage, then when the trouble would be for the payment of these debts. The per- gin to brew it might be possible to beat the verseness of human nature was well illustrat game of marriage. So long as one's possessions are of the ed in this case. Husband and wife were married for a period of forty-six years and nature of realty, an engagement to marry had become the father and mother of ten gives either the right to purchase, by mar children. After the children were grown riage, full marital rights in the property of differences arose which brought about a the other. Marriage is the actual purchase separation, continuing for some thirteen thereof, and coverture gives at once to the years. During the separation several efforts wife her right of dower in the lands of her had been made by the husband, and persons husband and to the husband his rights of desiring, to purchase lands of the husband, tenant by the courtesy in the lands of the to have the wife join in a conveyance there wife. While these rights only mature by of, which she refused to do, evidently fear the death of one of the parties to the con ing some sinister purpose of the husband. tract, yet they are in being from time of The husband then began his borrowing. coverture, and during coverture can only be The wife came into court alleging that the alienated by the act of the party to whom husband had said to her if she did not join they belong. in conveyances of the land he would have As to personal property the wife and hus his real estate disposed of by the sheriff and band have no rights whatever in the same that he had borrowed a large sum of money until the husband or wife dies, and at death, and given a note therefor payable forthwith; and then only, do the rights of either attach that the same day note was given, judgment to the personalty. As to his personal es was entered thereon and execution had issued tate at common law a man is sut juris and In another case the husband conceived the idea that he could defeat the marital rights of his wife by the creation of a trust, so, a short time before his death, in expecta tion of soon dying, he conveyed all his real and personal estate to his son in trust for said son and other children of a former marriage, without consideration and for the purpose of defrauding his wife's right of done dowerso and he was share fearful in he thehad estate. gone Having too far ¡'