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![handle is hein.slavery/ussccases0385 and id is 1 raw text is: Dec. 1869.]
WALKER V. WALKER.
Syllabus.
of Tennessee, none have been referred to, nor have our own
researches found any, maintaining the invalidity of the pay-
ment. The question has been directly and indirectly before
several of the courts of the States, and the opinions have all
been in one direction--in favor of the validity.*
Mr. Justice Story, in his Conflict of Laws,t has expressed
a doubt as it respects the soundness of the doctrine upon
principles of international law, and which is mainly relied
on in the present case by the defendant in error. He had
affirmed it in Trecothick v. Austin, and he admits in a note,J
that if a debtor be found in a foreign country where the
creditor died, and where he had his domicile, and was sued
by the administrator, he could not protect himself by a plea
that he was liable to pay only to an administrator appointed
at the place of his (the creditor's) domicile. All debts follow
the person, not of the debtor in respect of the right or prop-
erty, but of the creditor, to whom due.§
JUDGMENT REVERSED.
WALKER V. WALKER'S ExEcUTOR.
1. A covenant by a husbaud for the maintenance of the wife, contained in
a deed of separation between them, through the medium of trustees,
where the consideration is apparent, must now be regarded on authority
as valid, notwithstanding the serious objections to such deeds. It will
accordingly be enforced in equity, if it appear that the deed was not
made in contemplation of a future possible separation, but in respect to
one which was to occur immediately, or for the continuance of one that
bad already taken place. And this especially if the separation was
occasioned by the misconduct of the husband, and the provision for the
wife's support was reasonable under the circumstances, and no more
* Williams v. Storrs, 6 Johnson's Chancery, 353; Doolittle v. Lewis, 7
1b. 51; Vroom v. Van Horne, 10 Paige, 549, 557; Schultz v. Pulver, 11
Wendell, 361 ; Trecothick v. Austin, 4 Mason, 88; Stevens v. Gaylord, 11
Massachusetts, 256 ; Nisbet v. Stewart, 2 Devereux & Battle, 24; Parsons
v. Lyman, 20 New York, 108.
t 515 a. I lb. 432. Thorne v. Watkins, 2 Vesey, Sr., 85.](ViewImageLocal?handle=hein.slavery/ussccases0385&div=1&collection=&method=preview&ext=.png&size=3)