Sullivan v. Barry

1 A. 240, 47 N.J.L. 339, 1885 N.J. LEXIS 13

• Court: Supreme Court of New Jersey
• Decided: June 15, 1885
• Status: Published

Opinion

The opinion of the court Avas delivered by

The Chancellor.

The only question presented is whether a married Avoman can, without the co-operation of her husband, create a term of more than three years in her lands. This question was considered by the Supreme Court in its advisory opinion in a suit between the same parties under the- act concerning landlords and tenants, and it was there held that such power exists. Sullivan v. Barry, 17 Vroom 1. I concur in the views there expressed upon the subject, and therefore am of opinion that the judgment in this case should be affirmed.

For affirmance — The Chancellor, Chief Justice, Depue, Dixon, Magie, Parker, Reed, Scudder, Yan Syokel, Brown, Clement, Cole. 12.

For reversal — Rone.