Sykes v. Chadwick

85 U.S. 141, 21 L. Ed. 824, 18 Wall. 141, 1873 U.S. LEXIS 1298
CourtSupreme Court of the United States
DecidedJanuary 18, 1874
StatusPublished
Cited by28 cases

This text of 85 U.S. 141 (Sykes v. Chadwick) is published on Counsel Stack Legal Research, covering Supreme Court of the United States primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Sykes v. Chadwick, 85 U.S. 141, 21 L. Ed. 824, 18 Wall. 141, 1873 U.S. LEXIS 1298 (1874).

Opinions

Mr. Justice BRADLEY

delivered the opinion of the court.

The question is whether the note on which this suit is brought against Sykes is valid, as against the defendant, so as to sustain the present action. In aid of the plaintiff’s case certain acts of Congress relating to the District of Columbia have been referred to. First, an act regulating the [145]*145rights of property of married women in the District of Columbia, passed Api’il 10th, 1869, by which it is enacted, in substance, that the right of a married woman to any property belonging to her at the time of marriage, or acquired during marriage, in any other way than by gift or conveyance from her husband, shall be as absolute as if she were a feme sole, and not subject to the disposal of her husband or liable for .his debts; and she may convey or bequeath the same as if she were unmarried. Also, that any married woman may contract and sne and be sued in her own name in all matters having relation to her sole and separate property in the same manner as if she were unmarried. Secondly, an act to amend the law of the District of Columbia, in relation to .judicial proceedings therein, passed February 22d, 1867, by the twentieth section of which it is enacted that where money is payable by two or more persons jointly or severally, as by joint obligors, covenantors, makers, drawers, or indorsers, one action may be sustained and judgment recovered against all or any of said parties by whom the money is payable, at the option of the plaintiff.

With regard to the first-mentioned statute, relating to a married woman’s property possessed at the time of marriage or acquired afterwards, we think it clear that it does not refer to her contingent interest in her husband’s estate, but to property owned by or coming to her independent of her husband — property which, but for the statute, he would acquire an interest in by right of marriage. The sole object of the statute was to prevent his acquiring such interest in her property. Her right of dower in his property stands as it did before the statute. She cannot dispose of it independently of her husband; nor can she, without his consent, separate it from his estate in the land.

Still her right of dower is a valuable interest, which she cannot be compelled to resign, and which the law very carefully protects from the control of her husband. When she does part with it an officer must examine, her apart from her husband, to ascertain whether she does it freely and voluntarily. And whilst this interest is a valuable right of the [146]*146wife, it is a corresponding incumbrance upon the land to which it attaches. By the aid of modern science it is capable of a definite valuation. Hence it is easy to ascertain whether an undue valuation is placed upon it. In this case no suggestion of that kind is made. For all that appears the transaction was made in good faith. At all events the parties to it cannot allege the contrary.

The wife’s interest being valuable, and one that may be-disposed of by her with her husband’s concurrence, the question arises whether her release of her right of dower is a good consideration for a separate provision for her benefit, or of a promise to pay money to her- separate use. And of this we have no doubt. The question would hardly have been raised had the arrangement been made with the purchaser instead of the veudors of the .land, one of whom was the plaintiff’s husband. But arrangements of this kind made with the husband are sustained in equity by very high authority. In Garlick v. Strong,

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Cite This Page — Counsel Stack

Bluebook (online)
85 U.S. 141, 21 L. Ed. 824, 18 Wall. 141, 1873 U.S. LEXIS 1298, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sykes-v-chadwick-scotus-1874.