34 Tenn. 221 | Tenn. | 1854
delivered the opinion of the court.
Smith, the complainant in one of the above cases— prior to the filing of the bill for divorce by Nancy McGhee vs. George McGhee—had become bound as the
In this, there was no error. The proviso to the 11 § of the act of 1835, introduces no new rule. Upon well established general principles of law, the claims of the husband’s bona fide creditors,, or liabilities properly incurred on his behalf, existing prior to the application for divorce, must prevail over the rights of the wife. We are not prepared to admit, that the term “creditors” used in the 11 § of the act of 1835, is to be taken in the restricted sense contended for by the counsel of Mrs. McGhee.
But upon this point, no opinion is called for in the
The decree will be affirmed.