Miles v Williams et Ux'
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1714 |
| Date | 01 January 1714 |
| Court | High Court of Chancery |
English Reports Citation: 24 E.R. 375
Chancery Division
Followed, Lockwood v. Salter, 1833, 5 B. & Ad. 303; Chubb v. Stretch, 1870, L. R. 9 Eq. 559. See now Married Women's Property Act, 1882 (45 & 46 Vict. c. 75).
Case 57.-miles versus williams et Ux'. [1714.] [Followed, Lockwood v. Sailer, 1833, 5 B. & Ad. 303; Chubb v. Stretch, 1870, L. R. 9 Eq. 559. See now Married Women's Property Act, 1882 (45 & 46 Viet. c. 75).] 10 Mod. 160, 243. Resolution of the Court of B. R. that the debts of the wife, dum sola, are discharged by the bankruptcy of the husband, and that debts due to the wife, dum sola, though unrecovered, are assignable by the Commissioners on the husband's bankruptcy, per stat. 4 Ann. cap 17, and that the plea upon that act must conclude to the country. (In Ex parte Blagden, 2 Rose, 249, however, it was held that a debt due to the wife dum sola, could not be set off against a debt from the husband, on his becoming bankrupt, under st. 5 Geo. 2, c. 30, s. 28.) Miles brought debt versus baron and feme, upon a bond entered into by the feme dum sola. The defendants jointly plead in bar, quod querens action' non, &c., and say that after the intermarriage, (scil.) in Septemb. anno 5 Annce, Williams the husband became bankrupt infra intention' separal' statut' contra decoctor' edit' et proms', and that a commission supr' separal' statut' decoctor' issued under the great seal, bearing date tali die, and directed to M. K. and T. A., &c., afterwards, (scil.) tali die, the said Williams voluntarily surrendered himself to the major part of the commissioners, anii from time to time submitted himself to be examined upon oath by the said commissioners, et in omnibus se conformant ad statut' 4 Annce intitulat', An act to prevent frauds frequently committed by bankrupts, et ad omnia al' statut' contra decoctor' edit'; et sic idem Johannes et Eleonora, vigore stat' prtedict' in prcedict' parliament' diet' dom' regince nunc edit', dicunt, quoad causa action' prcedict' accrevit prcefat' Miles antequam idem Johannes Williams devsnit decoctor : et hoc parat' sunt verificare ; unde pet' jud' si praedict' Miles action', &c. [250] The plaintiff demurred, and shewed for cause, that the debt arising upon a bond made by the wife, dum sola, was not discharged by the statute mentioned in the defendants' plea; and also that the plea ought to have concluded to the country. The defendants joined in demurrer. And after several arguments in this case, Parker, C. J. having stated the record at large, delivered the resolution of the Court. The two great questions which have been made in this case, are these : 1-st, Whether this, being a debt on a bond given by the wife, dum sola, be such a debt as shall be discharged by the bankruptcy of the husband by virtue of the statute of 4 Annae, cap. 17, mentioned in the plea 1 Idly, Whether the defendants have well concluded their plea, or not, it being to the judgment of the Court, and not to the country 1 As to the 'first, we are all of opinion, that it is a debt within the act. The words of the clause, upon which it depends, are (sect. 7)," that the bankrupt shall " be discharged from all debts by him due and owing at the time he became bankrupt; " and then, in case he be sued for any such debt, the act directs, that he shall and may " plead in general, that the cause of action did accrue before he became bankrupt." [251] Upon these words the immediate question is, whether this was a debt due and owing by the husband, at the time he...
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...(i) The general plea of bankruptcy given by stat. 6 Geo. 4, c. 16, s. 126, is an exception. It must conclude to the country. 1 P. Wms. 249, Miles v. Williams. [6 Bing. 686, Sheen v. Garrett. 4 M. & P. 525, S. C.] And the plaintiff cannot reply specially. 2 M. & S. 549, Wilson v. Kemp. [It m......
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