Shute v. Gould

4 Del. 203

Opinion

The Court

overruled the objections to the affidavit except as to the official signature of the magistrate, which they allowed to be amended ; and, in the mean time, went on with the case.

It appeared on the evidence, that on the 18th of March, 1844, a bond was given by Benjamin Gould to James W. Shute and Elizabeth, his wife, or the survivor of them,.for $100. Shute and his wife separated, and she went off with an adulterer; and having clandestinely obtained possession of the bond, she sold it to Frederick Leonard, Esq., in July, 1844, and assigned it before one witness. Mr. Leonard assigned it in the same way to Bauduy Simmons, on the 8th of August, 1844; when the judgment was confessed at the suit of James Shute and wife for the use of Simmons.

On this state of facts the court made absolute the rule for striking out the use. The bond vests in the husband during his life. A married woman can have no right to personal property during coverture; it vests in the husband. (Chitty on Cont. 176; 2 Harr. Rep. 41); Ibid 74; 3 Ibid 87.)

Rule absolute—use stricken out.