Summary

Portrait of Samuel Freeman Miller Samuel Freeman Miller Hitz v. National Metropolitan Bank…

It is the right of a married woman to any property, personal or real, belinging to her at the time of marriage, or acquired during marriage, which shall be as absolute as if she were unmarried, and shall not be subject to the disposal of her husband. It was the purpose of the statute to abolish this tenancy by the curtesy, or any other interest of the husband, in all her property, and to place her in regard to it in the condition of a feme sole. And it was this same property, and not part of it, no separate interest or estate in it, which was exempted from liability for his debts.
Source: Wikisource

Portrait of Samuel Freeman Miller Samuel Freeman Miller Hitz v. National Metropolitan Bank…

We are of opinion that the statute intended to exempt all property, which came to the wife by and other mode than through the husband, from liability to seizure for his debts, without regard to the nature of the interest which the husband may have in it, or the time when it accrued, and that, in regard to such debts created after the passage of the law, no principle of law or morals is violated by the enactment.
Source: Wikisource

Portrait of Samuel Freeman Miller Samuel Freeman Miller Hitz v. National Metropolitan Bank…

When, sitting as a court of equity, we see this man trying to rectify the wrong done his wife, we are not required to scan closely the value of what she gave at the moment for his relinquishment of his marital rights in her remaining property. The case is wholly free from fraud. Mrs. Hitz had the same right to buy his curtesy in her real estate, to have it barred by a proper conveyance, as any one else had or could have had. er equity was as good as that of any other creditor, and he could secure her as well as he could the bank.
Source: Wikisource

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