Sec. 491. Mississippi. (See Vol. II, § 403; Vol. IV, § 478.) A husband's conveyance of the wife's land in no way affects her title or interest. Code 1871, § 2323, applied. Hill v. Nash, 73 Miss. 849 (19 So. Rep. 707).

Sec. 492. Missouri. (See Vol. II, § 404; Vol. III, § 483; Vol. IV, § 479.) Under the married woman's act of Missouri a wife is powerless to bind or in any manner charge her estate, except in the precise manner authorized and pointed out by law. She cannot so bind it through the agency of her husband. McCollum v. Boughton, 132 Mo. 601 (34 S. W. Rep. 480; 35 L. R. A. 480). A married woman, her husband joining with her, may give a valid mortgage on land not held for her separate se, although the note which it is given to secure is void on account of her coverture. Cockrill v. Hutchinson, 135 Mo. 67 (36 S. W. Rep. 375; 58 Am. St. Rep. 564). She may convey her separate estate without her husband joining in the deed, and her mortgage of her separate estate to which her husband holds the legal title is valid and binding upon her. Mo. Rev. Stat., 1879, § 3296, applied. Owings v. Wiggins, 133 Mo. 630 134 S. W. Rep. 877).

Sec. 493. Montana. (See Vol. II, § 405; Vol. IV, § 480.) Under § 1448 she may execute a lease of her real estate without her husband joining. Kennelly v. Savage, 18 Mont. 119 (44 Pac. Rep. 400).

Sec. 494. New Jersey. (See Vol. II, § 409; Vol. IV, § 482.) 'The court of chancery may, if it think fit, where it appears to the court o be for her benefit, by order or decree, with her consent, bind her interest in any property or authorize her or her trustees to assign or convey the ame." Laws 1898, p. 370.

A married woman living separate and apart from her husband for more than seven years may be authorized by a court of equity to convey, mortgage, lease or devise her real estate by her separate deed. Laws, 1896, p. 126.

Sec. 495. New York. (See Vol. II, § 411; Vol. IV, § 483.) A married woman may confess a judgment. Laws, 1897, Vol. 1, p. 20.

Sec. 496. North Carolina. (See Vol. II, § 412; Vol. III; §485; Vol. IV, § 484.) Upon a careful review of its previous decisions concerning the separate property of a married woman the supreme court of this state states the following conclusions: "(1) That where a woman acquires the title to land before or after marriage, without any qualification of or restriction upon her right of alienation, she can dispose of it during her life time only in the way pointed out in the constitution (article 10, § 6); (2) that the constitution imposes no limitation upon the right of a grantor or devisor to restrict or enlarge, by the terms of the instrument through which title passes, her jus disponendi; (3) that the words 'for the sole and separate use,' or equivalent language, qualifying the estate of a trustee

for a married woman, must be construed as manifesting the intent on the part of a grantor to limit her right of alienation to the mode and manner expressly provided in the instrument by which the estate is created." Kirby v. Boyette, 118 N. C. 224 (24 S. E. Rep. 18). Code, § 1832, empowering a married woman to convey her separate real estate in case her husband abandons her is constitutional. Hall v. Walker, 118 N. C. 377 (24 S. E. Rep. 6). Contracts of a married woman residing in North Carolina, made in another state are enforcible against her only to the extent allowed by the laws of North Carolina. Hanover Nat. Bank v. Howell, 118 N. C. 271 (23 S. E. Rep. 1005). A mortgage given by her to secure a debt of her husband, evidenced by a note, may be foreclosed although an action on the debt is barred. Hedrick v. Byerly, 119 N. C. 420 (25 S. E. Rep. 1020). Where a mortgage given to secure money borrowed to discharge a lien on her separate estate is void, the lender is not entitled to be subrogated to the lien. Carolina Interstate Bldg. & L. Ass'n v. Black, 119 N. C. 323 (25 S. E. Rep. 975). Where her conveyance is void she cannot by her conduct estop herself from asserting its invalidity. Carolina Interstate Bldg. & L. Ass'n v. Black, 119 N. C. 323 (25 S. E. Rep. 975).

Sec. 497. North Dakota. "A conveyance or other instrument executed by a married woman has the same effect as if she was unmarried and may be acknowledged in the same manner." Revised Codes 1895, § 3578.

"The wife, after marriage, has with respect to property, contracts and torts, the same capacity and rights and is subject to the same liabilıties as before marriage and in all actions by or against her she shall sue and be sued in her own name." Rev. Codes, 1895, § 2767.

Sec. 498. Oklahoma. (See Vol. II, § 414.) Applying Okla. Stat. 1893, § 2968, providing that "either husband or wife may enter into any engagement or transaction with the other, or with any other person, respecting property, which either might, if unmarried, subject, in transaction between themselves, to the general rules which control the actions of persons occupying confidential relations with each other as defined by the title on trusts," it is held that the wife may join with her husband in making a note for his own debt or obligation, that she will be bound by the stipulation therein giving the holder the right to extend the time at the request of any one of the signers. Cooper v. Bank of Indian Territory, 4 Okla. 632 (46 Pac. Rep. 475).

Sec. 499. Pennsylvania, (See Vol. II, § 416 Vol. III, § 487; Vol. IV, § 485.) Where a husband and wife live apart by agreement duly recorded she may convey and incumber her real estate without his joinder. Laws 1897, p. 212. The provision of Laws 1893, p. 344 (see Vol. III, § 487) that a married woman" may not become accommodation indorser, maker, guarantor or surety for another," does not restrict the previously established rule in this state that she may mortgage her estate for the debt of another. Kuhn v. Ogilvie, 178 Pa. 303 (35 Atl. Rep. 957).

Sec. 500.

Rhode Island. (See Vol. II, § 417; Vol. III, § 488; Vol. IV, § 486.) "A married woman may make any contract whatsoever, the same as if she were single and unmarried, and with the same rights and liabilities." Laws 1896-97, p. 45, ch. 335. The Act of Dec. 2, 1872 (Gen. Stat., R. I., ch. 152, § 7), empowered a husband and wife to convey the real estate of the wife by joining in one deed or by making separate deeds. The Act of May 29, 1873 (Pub. Laws, ch. 324), repeals this statute as to the latter mode of conveyance. Cannon v. Beaty, 19 R.

I. 524 (34 Atl. Rep. 1111).

Sec. 501. South Carolina. (See Vol. II, § 418; Vol. III, § 489; Vol. IV, § 487.) A mortgage of a married woman upon her separate estate executed for the benefit thereof may be enforced against such estate without containing a stipulation to the effect that such was her intention, and she may be estopped by its recitals. Rigby v. Logan, 45 S. C. 651 (24 S. E. Rep. 56).

Sec. 502. Tennessee. (See Vol. II, § 420; Vol. III, § 490; Vol. IV, § 488.) "When married women are engaged in the mercantile or manufacturing business, in their own names, or by an agent, or as partner, they shall be liable for the debts incurred in the conduct of such business, as if they were feme sole, and no plea of coverture shall avail in such cases." Laws 1897, p. 228, ch. 82. Where a deed to a trustee provides that he is to hold the property for the sole use of the grantor's wife "free from dominion, debts, or liabilities of her present or any future husband; and the rents, profits, proceeds of, or sale or profits of, said property, or any portion thereof, shall be held under the same trusts," it was held that a subsequent deed of trust of such property executed to secure a debt of the husband, by such husband, or wife or trustee, was void. Hart v. Bayliss, 97 Tenn. 72 (36 S. W. Rep. 691). Her separate deed of her general estate executed to her husband is void. Griffin v. Griffin, Tenn. (37 S. W. Rep. 710). She may dispose of her real estate by will. Carpenter Bell, 96 Tenn. 294 (34 S. W. Rep. 209).

Sec. 503.

Texas. (See Vol. II, § 421; Vol. III, § 491; Vol. IV. § 489). The last section of statute set out in Vol. II. § 421, referred to by the acts of 1897, as Art. 635, Tit. 20, of the Rev. Civ. Stat., is amended so as to read:-" The husband and wife shall join in the conveyance of real estate, the separate property of the wife; and no such conveyance shall take effect until the same shall have been acknowledged by her privily and apart from her husband before some officer authorized by law to take acknowledgments to deeds for the purpose of being recorded and certified to in the mode pointed out in Article 4621.” Laws 1897, p.41. She may convey her separate estate by a deed executed in her own right and as an attorney in fact of her husband. Rogers v. Roberts, 13 Tex. Civ. App. 190 (35 S. W. Rep. 76). Property purchased with interest accruing on money belonging to a married woman and profits arising from the sale of her land, will be treated as her

Tex. Civ. App.

(35 S.

separate property. Cabell v. Menczer, W. Rep. 206). A petition by a married woman to enjoin the sale of lands because they constitute her separate estate need not allege the particular manner in which such lands came to be her separate estate. Cabell v. Menczer, (35 S. W. Rep. 206).

Tex. Civ. App.

Sec. 504. Virginia. (See Vol. II, § 424; Vol. III, § 492; Vol IV, § 490.) The conveyance of land to a married woman for her "only use" and behoof," will create in her a separate equitable estate, and where such a conveyance is otherwise valid it will not fail because no trustee is named, but will be carried into effect by holding her husband as trustee for her. Miller v. Miller's Adm'r., 92 Va. 510 (23 S. E. Rep. 891). The equitable separate estate of a married woman may consist of any property and of any interest therein, and its nature and extent are to be determined according to the intention ofthe creator as ascertained from the construction of the instrument by which it is created. Where she has power to deal with such an estate she may create debts to be paid out of it and it will be presumed that when she makes contracts and acknowledgments that she intends such estate to be liable for their fulfillment and where, after her death her personal property and the income from her realty are insufficient to keep up the interest on her obligations a court of equity may order the corpus of the estate sold and the proceeds applied to the debts. Buchanan, J., dissenting. Price v. Planters' Nat. Bank, 92 Va. 468 (23 S. E. Rep. 887; 32 L. R. A. 214). To the same effect is the case of Miller v. Miller's Adm'r., 92 Va. 510 (23 S. E. Rep. 891). Under Va. Code, § 2513, a married woman may by will defeat her husband's right of curtesy in her separate estate where there is no provision to the contrary in the instrument creating it. Kiracofe v. Kiracofe, 93 Va. 591 (25 S. E. Rep. 601). The creation by a married woman of a debt to the payment of which she might subject her separate estate is sufficient evidence of her intention to charge such estate without any specific reference thereto. Price v. Planters' Nat. Bank, 92 Va. 468 (23 S. E. Rep. 887; 32 L. R. A. 214); Miller v. Miller's Adm'r., 92 Va. 510 (23 S. E. Rep. 891); Duval v. Chelf, 92 Va. 489 (23 S. E. Rep. 893). In order to charge her separate estate with the payment of a bond executed by her prior to the Code of 1887 it must be shown that at the time of the execution of the bond she had a separate estate which she intended to charge with its payment. Code 1887, §§ 2288, 2289, applied. Duval v. Chelf, 92 Va. 489 (23 S. E. Rep. 893).

Sec. 505. Utah. (See Vol. II, § 422.) "Real and personal estate of every female, acquired before marriage, and all property to which she may afterwards become entitled by purchase, gift, grant, inheritance, or devise, shall be and remain the estate and property of such female, and shall not be liable for the debts, obligations, or engagements of her husband, and may be conveyed, devised, or bequeathed by her as if she were unmarried." Rev. Stat. (1898), § 1198.

"Contracts may be made by a wife and liabilities incurred, and the same enforced by or against her, to the same extent and in the same manner as if she were unmarried." Id., § 1199.

Sec. 506. Vermont. (See Vol. II, § 423.) "The court of chancery, in its discretion, upon the petition of a married woman, may empower her to convey her real estate by her separate deed. The deed conveying such real estate shall show on its face that it is executed under the power given by said court, shall refer to the date of the decree giving such power and the county in which said petition was brought, and when so made shall be as effectual to convey such real estate as if executed by the husband and wife jointly."

"Said court of chancery, in its discretion, upon the petition of any party in interest, may also confirm and validate any deed, of the real estate of a married woman heretofore made by her, in which the husband did not join, and may order and compel the husband to execute and deliver all instruments necessary to so confirm and validate said deed." Notice of such proceedings must be given to husband and other parties in interest. Laws 1896, p. 42.

Sec. 507. Washington. (See Vol. II, § 425.) A wife's separate estate is not liable for debts contracted by her husband in carrying on a community business. Sweet, Dempster & Co. v. Dillon, 13 Wash. St. 521 (43 Pac. Rep. 637). The former statute of this state which required a married woman to file an inventory of property claimed by her as her separate estate does not apply to lands acquired since its repeal. Weymouth v. Sawtelle, 14 Wash. 32 (44 Pac. Rep. 109). Particular conveyance held to create a separate estate. Nixon v. Post, 13 Wash. St. 181 (43 Pac. Rep. 23).

married woman from

Sec. 508. West Virginia. (See Vol. II, § 426; Vol. III, § 493; Vol. IV, § 491.) Code 1891, p. 621, ch. 66, § 11, which prohibits a becoming surety for her husband, was repealed by Acts 1893, ch. 3, p. 6. See opinion for particular contract on which a married woman was held liable as surety. Wick v. Dawson, 42 W. Va. 43 (24 S. E. Rep. 587).

MECHANICS' LIENS.

EPITOME OF CASES.

Sec. 509. The lien of statutory creation-Effect of repeal or change of statute upon the right and procedure to enforce. Mechanic's liens are of statutory creation,