United States Supreme Court Cases & Opinions

U.S. Supreme Court

Rhea v. Rhenner, 26 U.S. 1 Pet. 105 105 (1828)

Rhea v. Rhenner

26 U.S. (1 Pet.) 105

Syllabus

The law seems to be settled that when the wife is left by the husband without maintenance and support, has traded as a feme sole, and has obtained credit as such, she ought to be liable for her debts, and the law is the same whether the husband is banished for his crimes or has voluntarily abandoned the wife.

By the laws of Maryland, a feme covert who has been abandoned by her husband is not permitted to marry a second time until her husband shall have been absent seven years and shall not have been heard of during that time.

By those laws, a married woman cannot dispose of real property without the consent of her husband, nor can she execute a good and valid deed too pass real estate unless he shall join in it. The separate examination and other solemnities required by law are indispensable, and must not be omitted. A deed therefore, executed by a married woman of real property acquired. by her while a feme sole trader while she was abandoned by her husband, is void.

A bill had been filed by Daniel Rhenner, the appellee, against Daniel Rhea and Elizabeth, his wife, and William Erskine, an infant, the son of Elizabeth Rhea, by a former husband, Robert Erskine.

Page 26 U. S. 106