Commentaries on the Law of Infancy: Including Guardianship and Custody of ... - Ransom Hebbard Tyler - Βιβλία Google

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TABLE OF CONTENTS.

LAW OF INFANCY.

Who are Infants-General disabilities imposed upon Infants-Cannot apply to

bodies politic-Illustrations,

What acts of an Infant are Absolutely Void-The Criterion or Test-Cases Illus-

trating the Principle,

What acts of an Infant are Voidable only-The Criterion or Test-Cases Illus-

trating the Principle-Tendency of Modern Decisions,..........

By Whom, and at What Time, Voidable Acts of Infants are to be Avoided................ 59

In what Manner Voidable acts of Infants are to be Disaffirmed or Avoided-Effect

of the Disaffirmance of Voidable acts of Infants...............

Of the Confirmation of the Voidable acts of an Infant-How the same are Ratified-

What is a Sufficient Ratification,..

Of the Contracts of Infants for Necessaries-When and how an Infant may Bind

Himself for Necessaries-When he may Bind others for Necessaries-What are

and what are not Necessaries-How the Question of Necessaries is to be tried-

The Burden of Proof,..........

Of what Infants are Capable-What is Binding on them besides their Contracts for

Necessaries-Offices-Marriage of Infants-Homage-Wills of Personalty-Fines

and Uses-Marriage Settlements,..

Of Infants' Contracts which the Law requires-Enlistments in the Army and

Navy-Indentures of Apprenticeship-Execution of Trusts,

How far the Law Protects an Infant against his Laches-Exceptions to the Rule in

his favor-How Affected by the Statute of Limitations-Laws of the Several

States-Judgments and Decrees against Infants,...

For what an Infant is Liable-When Liable Civilly-When Criminally-The Rule

............. 174

Action in favor of Infants-How Infants must sue-Actions against Infants-How

Infants must defend-The Privileges of Infants in the Courts-The general pro-

tection afforded Infants by Courts of Equity-Costs against Infants,....

How Infancy is tried-Burden of Proof-The Right of Parol Demurrer-Day to show

cause against a Decree-Effect of the Judgment or Decree against an Infant,...

Of Infants in ventre sa mere-When considered in esse-Writ de ventre inspiciendo—

Of post-testamentary Children-Of illegitimate Children,

Guardianship of Infants-Different kinds of Guardians-Guardians, how consti-

tuted or appointed-Powers and Duties of Guardians-Remedies against Guard-

ians-Jurisdiction of Courts over Guardians-Accounts by Guardians, and their

Custody of Infants-Who entitled to such Custody-Custody by Statute-Jurisdic-

tion of Courts in questions of Custody-Interference of Courts by Habeas Corpus-

Custody in cases of illegitimate Infants-Liberty of Choice by Infants-Custody

in cases of Guardianship,..

Maintenance of Infants-When it is allowed, upon what principle, and from what

Funds-Sale of the real estate of Infants-The proceedings and disposition of the

proceeds-Specific performance of the contract of the ancestor-Conveyance by

an Infant trustee,........

THE LAW OF COVERTURE.

The common law doctrine of coverture-The general disability of the wife-Mutual

disabilities incident to the marriage union,........

Liabilities of the Husband by the Marriage-His liability during cohabitation-

His liability after separation-His liability for the torts and criminal acts of the

The interest of the Husband in the Wife's personal property at common law-His

interest in her personal property in possession-His interest in personal estate

belonging to her as executrix or administratrix-His interest in her personal

property unrecovered at the time of her death-His interest in her chattels real... 361

The interest of the Husband in his Wife's choses in action in possession-Their

reduction into possession by the Husband-Effect of judgments and decrees in

vesting them in Husband-Survivorship of Wife, how barred-Her legacies and

distributive shares-Her equities,

The Husband's interest in his Wife's real estate at Common Law-His tenancy by

the curtesy and the incidents respecting it-How curtesy may be defeated and

The Wife's interest in her own property-Her interest in her Husband's personal

estate after his decease-Her paraphernalia and pin-money-Her separate estate, 421

Ante-nuptial contracts and rules respecting them-Post-nuptial agreements and

settlements-Separate uses for femes-covert,...

Acquisitions of the Wife during Coverture-Transactions between Husband and

Wife-Real estate conveyed to Husband and wife, how held-Wife's real property,

how transferred,.

The law of dower-The nature of dower and its history-Different kinds of dower-

Requisites for dower-Marriage-Seisin of the Husband-Death of the Husband-

Issue not necessary,

Of what property the wife is dowable-Dower in lands-Dower in mines and ore-

beds-Partnership lands-Exchange of lands-Lands partitioned-Mortgaged

lands-Reversions and remainders-Trust estates-Equitable estates-Lands ap-

propriated to public uses-Summary,..

CHAPTER XXVIII.

How dower is barred or prevented-Early devices to effect it-Wife's release-Con-

veyance by Husband before marriage-The Wife's jointure-Devise in lieu of

dower-Sale on execution and for taxes-Divorce-Adultery of the Wife-Articles

of separation-Estoppel of the Wife,...

Assignment of dower-The Widow's interest in the estate before assignment-Prin-

ciples and mode of admeasurement and its effect-the method of obtaining the

land assigned-The widow's estate acquired by the assignment,
581

Dower in Equity-Jurisdiction of Equity for the recovery of Dower-Costs in pro-

ceedings for Dower-The Widow's power over the land assigned her-Herliability

for Waste-Her right to Emblements-Her liabilities on taking possession of the

The statutory peculiarities of the several States with respect to Husband and Wife,

and the rights of Married Women-The Laws of New York-The act for the pro

tection of Married Women Rights and liabilities of Husband and Wife-Pre-

sumptions in favor of the Wife-The Husband's tenancy by curtesy,.........

The Statutory policy of New York respecting Husband and Wife-Decisions under

the present Statutes-Control of Married Women over their own property-Effect

of the marriage of the parties to a bond or promissory note under existing

Statutes-Liabilities of Married Women under the Statute-Consent of Husband

to his Wife's conveyance-Actions by and against Married Women-Charges

against her separate estate-Actions by her against her Husband-Trustees of

Married Women-Insurance of Husband's life by Wife-Summary,.
650

CHAPTER XXXIII.

Statutory policy of the New England States relating to Married Women and Mar-

ital rights-Laws of Maine-Laws of New Hampshire-Laws of Vermont-Judi-

cial construction and decisions,.......

Statutory policy of the New England States relating to Married Women and Mar-

ital rights-Laws of Massachusetts-Laws of Rhode Island-Laws of Connecticut-

Judicial construction and decisions,..

The Statutory policy of the States of New Jersey, Pennsylvania, Delaware and

Maryland, in respect to Married Women and Marital rights-Laws of such States

respectively-Judicial construction and decisions,........

The Statutory peculiarities of the Western States-Laws of Ohio, Michigan, Indiana,

Illinois, Wisconsin, Minnesota, Iowa, Missouri, Kansas, Nevada, Nebraska,

Oregon and California, in respect to Married Women and Marital rights-Judicial

construction and decisions,

CHAPTER XXXVII.

Statutory policy of the Southern States in respect to Husband and Wife and Marital

rights-Laws of Virginia, West Virginia, Kentucky, Tennessee, North Carolina,

South Carolina, Georgia, Florida, Alabama, Mississippi, Louisiana, Arkansas,

and Texas-Judicial construction and decisions,....

CHAPTER XXXVIII.

The institution of marriage-How marriage is regarded in law-Different views

upon the subject-Solemnization of marriage,

The parties to a marriage-Parties must be able to contract-Impediments to

marriage-Want of age-Want of mental capacity-Impotence-Consanguinity

and affinity--Race and color and civil condition-Prior marriage,

Parties to a marriage-They must be willing to contract-Duress-Fraud-Error-

Parties must contract in proper form-Void and voidable marriages-Imperfect

marriages, how nullified-Effect of the sentence of nullity,.

The law of divorce-Meaning of the term-History of the regulations concerning

divorce-Present opinions upon the subject of divorce-The policy fully vin-

The different kinds of divorce-The divorce from the bonds of matrimony-Causes

for an absolute divorce-The divorce from bed and board-Grounds of such

The action for Divorce-The law of domicile-The defense to the action-Conni-

vance-Condonation-Recrimination-Wife's advances pending suit,

The decree in a divorce suit-Alimony and the rules respecting it-The effects of

the decree of divorce-Validity of foreign divorces-Conclusion,

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