24 Miss. 416 | Miss. Ct. App. | 1852
delivered the opinion of the court.
This suit was instituted on a promissory note executed on the 14th day of February, 1846, for Amelia E. Penrice, by her husband, John S. Penrice. The declaration avers that Mrs. Penrice was the owner of certain real estate separate and apart from her husband, on which a tavern was situated, conducted, and carried on in her own name; and that the note sued on was given for supplies used in the business of the tavern.
A general demurrer was filed, and sustained by the court as to both defendants. This contract was made before the passage of the act of 28th February, 1846; and, therefore, we need not refer to the provisions of that statute in considering this case.
This court has decided in several cases, that where a married woman claims property by virtue of the act of 15th February, 1839, no action at law can be maintained against her for the purpose of charging that property. Davis v. Foy, 7 S. & M. 64; Frost v. Doyle, Ib. 78; Doty v. Mitchell, 9 Ib. 435.
The same rule prevailed prior to that act, where a separate estate was owned by a married woman. It is true she could charge the separate estate; but it could only be held liable for the debts so created by her, in a court of equity.
These principles and decisions establish clearly that Mrs. Penrice was not liable at law on the contract sued upon; and as to her, the demurrer was rightfully sustained.
But it is said that it ought to have been overruled as to the husband, because the husband is liable for all contracts made by the wife with his assent.
Upon this point, we think the rule was correctly laid down
We see no error in the record, and affirm the judgment.