by John Marshall Harlan

Summary

by John Marshall Harlan Garner v. Second National Bank…

Why should not the wife be protected under these circumstances? If the husband, in fact, had owned this property, and, in order to prefer a part of his creditors, had, in good faith, sold and conveyed it to them, with the intent to give a preference over other creditors, the right of such grantees to hold it, unless the case was brought within the insolvent laws of the state, could not be questioned. No different rule should be enforced in this case against a wife who has received a conveyance of property purchased with her money, and which should have been put in her name when so purchased.
Source: Wikisource

by John Marshall Harlan Garner v. Second National Bank…

As between the husband and wife, a court of equity would have compelled him to secure this property to her. If, before any rights of attaching creditors intervened, he did voluntarily what the law made it his duty to do, the transaction is not subject to impeachment by his creditors, unless the wife has been guilty of such fraudulent conduct as ought, in conscience, to estop her from claiming the property as against such creditors.
Source: Wikisource

by John Marshall Harlan Garner v. Second National Bank…

Alluding to the rule at common law declaring that the transfer of a note of the husband to the wife extinguished the debt, the court said: 'The enactment, however, of statutes recognizing the separate existence of a married woman, by securing her property to her exclusive use as against the husband and his creditors, and by conferring upon her to a greater or less extent the power of entering into contracts respecting her property, and of disposing of it independently of her husband, has changed the common law in this respect, where such statutes prevail.
Source: Wikisource

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