<p>Htjsband and Wife. — Judicial Sale. — Act March 11th, 1875.— Wife’s Inchoate Interest. — Partition.—Under the act of March 11th, 1875 (R. S. 1881, sections 2508 to 2511), the inchoate interest of the wife in the real estate of her husband, sold on execution against him, vests and becomes absolute in her on the day of sale, and upon her death shortly after the sale, her husband, to whom such interest descends, may maintain a suit for partition against the purchaser at the sheriff’s sale.</p> <p>Same.— Voluntary Assignmentby Husband. — Does Not Prevent Vesting of Wife’s Inchoate Interest. — The passing of the legal title to the real estate from the husband by a deed of assignment for iiie benefit of creditors, does not prevent the inchoate right of the wife from becoming absolute and vested under such act of 1875, by virtue of a subsequent sale of the property upon judgments which became liens thereon when the legal title was in the husband.</p> <p>Same.— In What Real Estate Wife’s Interest Vests. — Application of Act of 1875. —In all judicial sales of real estate in satisfaction of judgment or other liens which attach when the legal title is in the husband and grow out of debts owed by him, in which real estate the wife has an inchoate interest by virtue of her marriage, which interest is not ordered to be sold or barred, such interest, under the act of 1875, becomes absolute and vested in her by virtue of such sales, whether at the time thereof the husband had the legal title or not.</p> <p>Same. — Quantity Taken by Wife. — Construction of Act of1875. — Under the act of 1875 the wife, by virtue of a judicial sale of her husband’s real estate, takes no vested interest in the excess above $20,000, as to which her rights are left as they were prior to the passage of such act, and depend upon her surviving the husband; but in so much of the real estate as shall not exceed $20,000 in value she takes one-third in fee simple, which, however, is liable to be reduced to one-fourth, in a suit brought against her by the creditors for that purpose, unless the whole of the property sold does not exceed in value $10,000.</p> <p>Same.— Vesting of Inchoate Interest Subject to Prior Lien. — Descent.—Where the wife’s inchoate interest in a lot by virtue of a judicial sale becomes absolute and vested in her subject to the lien of a sewer assessment, which attached prior to the passage of the act of 1875, upon her death such interest descends to the husband subject to such lien, and a sale of the lot thereafter in satisfaction of the assessment vests in the purchaser the title to the whole lot.</p>
Good law ✅— No negative treatment on recordhow we know
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
¶2In response to the petition and argument for a rehearing in this cause, we deem it sufficient to say, that all of the difficulties pointed out by counsel as necessary to be met in the practical application of the act of 1875 in the various-cases that may arise, were considered upon the hearing. Nothing was written especially upon the questions now suggested, because their formal decision was not necessary to a decision of the case before the court. It was then, and is now, thought best not to write upon those questions until a case shall be presented in which they shall be so directly involved as that their decision shall be necessary and proper to a proper disposition of the case.
