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Richard Bein and Mary, his Wife, Appellants, v. Mary Heath U.S. 228 (1848)

handle is hein.slavery/ussccases0293 and id is 1 raw text is: 228 SUPREME COURT. Bein et al. v. Heath. Order. This cause came on to be. heard on the. transcript of the record from the Circuit Court of the United States for the Dis- trict of Columbia, holden in and for the county of Washington, and was argued by counsel. On consideration whereof, it is now here ordered and adjudged by this cour, that the judgment of the said Circuit Court in this cause be and the same is here- by.reversed; with costs, -and that .this cause be and: the same is hereby remanded to the said Circuit Court, with directions to Iad a 'enire faas de nova. RicA3nD B'N. AND .MRY, ms WIFE, APE.LL'ANTS, v. M Ry HEATH. The Civil Code of Louisiana (article 2412) enacts, that the wife, whether sepa- rated in property by contract orby judgment or not separated, cannot bind her- self for her husband, nor cdnjointly with him, for debts contracted by him before or during the marriage. Where a wife mortgaged her property to raise money, and the question did not turn upon, her doing so as the surety of her husband, it was not necessary for the lender to prove that the proceeds of the loan inured to her separate use., The fact of the application of the money may be proved to show the character of Ahe transaction, with a view of establishing collusion or fraud. The decisions of the State courts of Louisiaua upon this subject examined. Where a wife mortgaged her property, and' then sought relief in chancery upon the grotind that the contract was void in consequence of her disability to con- tract, and, it was shown that the lender acted in good faith ; proceeded cautiously under legal advice, under assurances that the loan was for the exclusive use of the wife, to Whom the money was actually, paid; the-interest upon the loan paid for several years;. the mortgaged roperty insured by her, and the policy assigned to the mortgagee ;-a bill to relieve her from the contract cannot recerye the sanction of a court of equity. But it is no objection to such a bill, as a rule of pleading, that the husband is made a party to it with the wife. He acts only as her prochin ama. Tins was an appeal from the Circuit Court of the United States for the Eastern District of Louisiana, sitting as a court of chancery. The facts are. sufficiently set forth in the opinion of the court. It was argued by Mr. Crittenden and Mr. Johnson, for the appellants, and Mr. Bradley and Mr. Jones, for the appellee. There were also printed briefs for the appellee filed by Mr. Eustis and by Messrs.' Elmore and King. . Mr. Crittenden, for the appellants, stated the substance of the case as follows. The bill in this case was fled by the appellants, Bein and wife, t9 enjoin proceedings under a writ of seizure and sale

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