47 N.Y. 467 | NY | 1872
We have decided that an instrument in writing may be read in evidence, although there is not affixed to it an internal revenue stamp, as required by the terms of an act of congress. (ThePeople ex rel Barbour v. Gates,
The deeds being operative, on the execution of them the plaintiff, being a married woman, held this equal, undivided half part as her separate estate, or a part thereof. In relation to it, the plaintiff can maintain an action in the same manner as if she were a feme sole. (Code, § 114, Laws of 1862, chapter 172, p. 343, section 3.)
And this action being one in equity, she can, though a married woman, maintain it against the defendant, though her husband. (Martin v. Martin, 1 Comstock, 473; 1 Daniels' Chy. Pr., 110; Story Eq., § 61; 2 Story Eq. Juris., § 1361; 1 id., § 646.) The judgment should be affirmed with costs.
All concur.
Judgment affirmed.