Separate

In its vernacular meaning of distinct, set apart, occurs in some technical phrases.

Separate action

A phrase used with reference to the doctrine which, in Tnany cases, allows two persons interested in the same demand, or injured by the same wrong, to join in one suit. Where such privilege is refused it is common to say they must bring separate actions.

Separate demise

A demise In a declaration in ejectment used to be termed a separate demise, when made by the lessor separately or individually, as distinguished from a demise made jointly by two or more persons, which was termed a joint demise. No such demise, either separate or joint, is now necessary in this action. Brown. Separate estate, or property. Is chiefly employed in speaking of ownership of property enjoyed by a married woman to her own use independent of her husband, so that she may dispose of it by will, and bind it by her contracts in writing, as if she were unmarried (except as restricted by the instrument creating it). At common law, the rents and profits of a wife's lands, with her chattel property, and her choses in action, as far as he reduced them to possession, were the husband's in right of marriage; but a separate estate might arise in favor of a wife in several ways. One was by local custom; but this has lost importance. Another was by any deed or instrument in writing, whereby property was settled to her sole and separate use, or by other sufficient words to that effect. The enforcement and protection of separate property rights of married women, under settlements and trusts, has long been an important head of equity jurisprudence. By statutes in very many of the United States, the property of a wife is preserved to her notwithstanding the marriage, and she may acquire or part with it, or contract with reference to it, substantially as if unmarried. These enactments, where they prevail, deprive the rules relative to separate property of much of their distinct importance, and the term separate property of its definite meaning and use. Where the rights of a wife in cerher estate is peculiarly of equitable creation and protection, there is need for a distinctive term, and separate property arose naturally, and was serviceable. But under statutes which in effect obliterate the marital right over the wife's property, and preserve it to her as if she were unmanned, there seems less reason for a distinguishing name for a married woman's ownership of property. The wife's property is hers, just as the husband's is his. Separate property, as distinguished from the wife's general property, is that of which she has the exclusive disposal independent of her husband.

Alston v. Rowles, 13 Fla. 117, 126.

The term separate estate, used in Ala. Code, §§ 1991, 1992, which take away or limit the right of dower of a widow who has a separate estate, means a separate estate created by law, and not one arising by contract or will.

Smith v. Smith, 30 Ala. 642; Glenn v. Glenn, 41 Id. 571.

Separate estate, within the meaning of the bankrupt law, is that in which each partner is separately interested at the time of the bankruptcy. The term can only be applied to such property as belonged to one or more of the partners, to the exclusion of the rest.

Re Lowe, 11 Bankr. Reg. 221.

Separate maintenance

An allowance made to a woman by her husband on their agreement to live apart; and distinguishable from alimony, which is an allowance decreed as incident to a divorce.

Separate post

Within a statute authorizing extra allowances to army officers commanding at separate posts, an officer may be said to command at a separate post when he is out of the reach of the orders of the commander-in-chief, or of a superior officer in command in tiie neighborhood.

Parker v. United States, 1 Pet. 293.