circumstances, but capable of contracting, may sell his property for the purpose of discharging his debts, for such consideration as he may agree to accept; and if there be nothing illegal in the transaction, it will stand as against his creditors............Ibid. 5. Pleading-Evidence.-To sustain an action by a judgment creditor to set aside conveyances alleged to be fraudulent, and to subject real estate held by the wife of, the judgment debtor to the payment of the judg ment, it is necessary to allege in the complaint, and to prove on the trial, that the judgment debtor does not possess other property subject to sale upon execution for the payment of the judgment. Ewing et al. v. Patterson........

.326

6. Guardian and Ward.-Surety.A complaint alleged that A. was appointed guardian of certain minors, and the plaintiff became surety on his bond; that A. received money as such guardian and subsequently purchased real estate from B. and received a deed for the same which was not recorded; that thereafter becoming greatly involved in debt, and not having sufficient means to pay the same, he destroyed the deed, and induced said B. to execute a new deed for said real estate to the infant son of A., for the express purpose on the part of A. of wronging, cheating and defrauding his creditors, of whom the plaintiff was one, out of their just rights, and preventing the 1. sale of said property to pay his debts; that the deed to the minor son of A. was without consideration except love and affection; that A. had left the State without paying his debts or paying over or accounting for the money received as guardian; that he still remained absent; that the plaintiff, to avoid suit on the bond as surety, paid the sum due to the wards, they being of age, which sum had not been repaid, but remained due; and the complainant asked to subject the land to sale to pay said indebted

ness.

Held, that the complaint was not sufficient on demurrer, even admitting that the deed conveyed title to the infant, as the necessity for the sale of the land was not shown by an allegation of the want of other

property in A. to satisfy the debt. Baugh v. Boles...........................................................524 FUGITIVE FROM JUSTICE.

Bail.-Fugitives from justice returned to the county wherein the offense was committed, under the act of May 27th, 1852, may be let to bail until an examination be had. The State v. Elder et al.............................368 Recognizance.-In such case, if the fugitive returned be taken before a judge in open court, such judge may recognize such fugitive to ap pear at the time fixed for an examin ation; and such recognizance may be entered on the order book, under section 37 of the criminal code, and is not invalid because not signed by recognizors........... ....Ibid.

G

GARNISHMENT.

See ATTACHMENT, I, 2.

GUARDIAN AND WARD.

See FRAUDULENT CONVEYANCE, 6.

H

HUSBAND AND WIFE.

See WITNESS, 3.

3.

Same.- Estoppel.— A deed made by a married woman, her husband joining with her, purporting to con

vey nothing but their interest in the
premises, whatever that interest might
be, without defining the character of
the interest, or affirming that they had
an interest in the premises, will not
estop her from setting up an after-ac-
quired title to the premises...... Ibid.
4. Husband.-None of the disabilities
imposed upon married women have
attached to the condition of a married
man, who is as free to receive the
title to property, and dispose of it,
after marriage as before, except that
he cannot by his conveyance affect
the inchoate right of his wife to his
real estate. Sims et al.v. Rickets..181
5. Conveyance by Husband to Wife.-

A conveyance from a husband to his
wife, without the intervention of a
trustee, is void at law..............Ibid.
6. Same-Equity.-A direct convey.
ance from a busband to his wife will
be sustained and upheld in equity in
either of the following cases, namely:
first, where the consideration of the
transfer is a separate interest of the
wife yielded up by her for the hus-
band's benefit, or that of their family,
or which has been appropriated by
him to his uses; second, where the
husband is in a situation to make a

7.

8.

gift to his wife, and distinctly separ-
ates the property given from the mass
of his property, and sets it apart to
the separate, sole, and exclusive use
of his wife..
... Ibid.

Same.-Where a wife advances
money to her husband, or the hus-
band is indebted to the wife upon
any valid consideration, the wife
stands as the creditor of her husband';
and if a conveyance is made to pay
or secure such liability, the wife will
hold the property free from the claims
of other creditors, where the transac-
tion is unaffected by unfairness or
fraud..........
Ibid.

Contract Between Husband and
Wife. Whenever a contract would
be good at law if made by a husband
with trustees for his wife, that con-
tract will be sustained in equity,
when made by the husband and wife
without the intervention of trustees.
Ibid.

9. Same.-Conveyance to Wife.-Prior
to the recent legislation in this State
authorizing married women to hold
real estate to their separate use, when
a conveyance was made by a stranger

to a married woman or to a trustee for
her, it was necessary, in order to give
her a separate use in the property,
that such conveyance should contain
words clearly indicating such inten-
tion, but such words were unneces-
sary in a conveyance from a husband
to his wife, for the law presumed that
it was intended for her separate and
exclusive use........
..Ibid.
10. Statute.-Section 5 of the act en-
titled "an act touching the marriage
relation and liabilities incident there-
to" (approved May 31st, 1852),
makes all lands held by a married
woman at the time of her marriage,
or acquired by her subsequently, hers
absolutely, and enables her to use, en-
joy, and control the same independent-
ly of her husband, and, and as her sep-
arate property; and since the passage
of that act a conveyance of land to
a married woman need not contain
words indicating that she is to hold
the property to her separate use. Ibid.
11. Conveyance to Wife.-Conveyan-
ces from a husband to his wife are
not sustained in equity, if there is
some feature in them impeaching their
fairness and certainty, as that they
are not in the nature of a provision
for the wife, or when they interfere
with the rights of creditors, or when
the property given or granted is not
distinctly separated from the mass of
the husband's property............Ibid.
12.

13.

14.

Husband.-In consequence of the
absolute power which a man possesses
over his own property, he may make
any disposition of it which does not
interfere with the existing rights of
others.........
.Ibid.
Same.-Provision for Wife.-
When a husband is free from debt,
and has no children, and conveys
property to his wife for a nominal
consideration, the law will presume
that it was intended as a provision for
his wife............
........Ibid.

Same.-A conveyance from a hus-
band to his wife which is good in
equity vests the title to the property
conveyed in the wife as fully, com-
pletely, and absolutely as though the
deed had been made by a stranger
upon a valuable consideration mov-
ing from the wife.......... ...Ibid.
15. Married Woman.. Conveyance
of Real Estate.-Mortgage.-A wo-
man, during a second or subsequent

2.

thereof must be joined as parties de-
fendants, and the failure of the plain-
tiff to join any one is cause of de-
murrer, if it appear on the face of
the complaint; if it does not so
appear, it may be taken advantage of
by plea in abatement. Bledsoe et al.
v. Irvin.......

....293
Same.-Plea in Abatement.—It is
not necessary that a plea in abate-
ment should show in what manner a
joint maker of a contract became a
maker.......
....Ibid.

1. Assignment of Judgment.-To pass
the legal title to a judgment, the
assignment must be made in the man-
ner pointed out by statute. Kelly v.
Love, Ex'r.......
.106
2. Same.--Equitable Title.--An assign-
ment not on the record of the judg-|
ment will pass the equitable title to a
judgment and enable the assignee to
sue thereon......
.....Ibid.
3. Practice. The provisions of the
code concerning the rendition of
judgment in favor of some and
against others of several defendants
joined in an action, applies only
where there is a finding or verdict in
favor of some, and against others, of
the defendants, and not where there
is a finding or verdict against all of
them. Graham et al v. Hender-

4. Same. To present a question as to
the kind of judgment rendered, there
must have been an exception entered,
or a motion made to set it aside, or
to modify it, in the court below.
Brown et al. v. Ellis...............377
5. Administrator.-Bond.-In a suit
to compel a defendant to charge him-
self with property as administrator,
wherein a judgment is recovered
against the defendant, it cannot be
required that the defendant shall
secure the judgment by giving bond,
or in default thereof that an attach-
ment shall issue against his property.

Pea v. Pea.........

.387

dency of the suít, and her husband
was then made a party defendant,
and personal judgment was taken
against both, without exception, and
without motion after judgment to

correct or vacate.

Held, that no question could be raised
in the Supreme Court as to the form
of the judgment.
Smith et ux. v.
Dodds et al...

7.

...........452
Same.-Motion in Arrest.—A mo-
tion in arrest does not raise any
question as to the form of the judg-
..Ibid..

ment......

JUDICIAL NOTICE.
See WAR, 3, 11, 18.

JURISDICTION.

See BASTARDY, 2, 3; COURT OF COM-
MON PLEAS; DIVORCE, 6; PARTI-
TION, I; WAR, 18; WHARF, 5, 6.

JURY.

Misconduct. See CRIMINAL LAW, 15.

--

Misconduct of Fury. - Intoxicating
Liquor.-In a criminal cause, after
the jury had been charged by the
court and put in the care of a bailiff
to consider of their verdict, the
bailiff went with two of the jurors
to a liquor and billiard saloon, where
other persons were drinking and
playing billiards, and procured for
each of the jurors a drink of brandy,
ginger wine, nutmeg, and sugar,.
which they drank, and one of them
paid for; and it was not shown
where the other jurors were at the
time said two were absent with the
bailiff at the saloon; and the trans-
action was unexplained, except that
the bailiff asked the saloon keeper
when he called for the drinks, if he
could not fix up something for the
jurors for the diarrhoea.

Held, that this was good cause for set-
ting aside a verdict rendered by said
jury against the defendant and grant-
ing him a new trial Davis v. The
State...........
........496

JUSTICE OF THE PEACE.

VOL. XXXV.-36