A History of Matrimonial Institutions, Vol. 3 of 3Howard, George Elliott
History
A History of Matrimonial Institutions, Vol. 3 of 3
Howard, George Elliott
Families; Marriage -- History
the like penalties.[341]
[341] _Code of N. C._ (1883), I, 696, 700; and _Laws_ (1893),
chap. 153, pp. 114-16, amending _Laws_ (1871-72), chap. 193,
sec. 44. By the law of the District of Columbia, "in case of
adultery of the wife, committed after ... divorce from bed and
board, the court may, on petition of the husband ... deprive
the wife of alimony from the date of her said criminal act, and
rescind her right of dower, as well as dispossess her ... of the
care, custody, and guardianship" of any child awarded to her by
the original judgment: _Comp. Stat._ (1894), 277. _Cf._ MOORE,
_Code_, 201.
In Missouri a divorce obtained by the wife is considered in law as
the death of the husband, and she is looked upon as his widow; but
when at fault she is barred of dower.[342] The guilty wife loses
her right of dower also in Tennessee; and there she cannot claim
permanent alimony. In the same state, when divorce is for the wife's
infidelity, and the woman afterwards cohabits with her paramour, she
is made "incapable of alienating, directly or indirectly, any of her
lands;" and after her death these are to be distributed according
to the rules of intestate inheritance.[343] Dower is barred by
grant of permanent alimony in Georgia;[344] and in Louisiana, in
case of separation from bed and board, the defendant loses "all the
advantages or donations" which the plaintiff "may have conferred
by the marriage contract or since," while the latter preserves all
those to which he or she would otherwise have been entitled; and
these dispositions are to take place even when the advantages and
donations were "reciprocally made."[345]
[342] _Rev. Civil Stat._ (1889), I, 1036. _Cf._ 61 _Mo._, 148;
and 57 _Mo._, 200; 3 _M. A._, 321.
[343] _Code of Tenn._ (1884), 616, 617. "If the wife, at the
time of a decree dissolving the marriage, be the owner of any
lands, or have in her possession goods or chattels or choses in
action acquired by her own industry or given to her by devise or
otherwise, or which may have come to her, or to which she may
be entitled by the decease of any relative intestate, she shall
have entire and exclusive dominion and control thereof, and may
sue for and recover the same in her own name subject, however,
to the rights of creditors who became such before the decree
was pronounced." When "a marriage is dissolved at the suit of
the husband, and the defendant is owner, in her own right, of
lands, his right to and interest therein and to the rents and
profits of the same, shall not be taken away or impaired by the
dissolution."--_Ibid._, 616, 617. _Cf._ SHANNON, _Code_ (1896),
1050.
[344] _Code of Ga._ (1896), II, 237; and 43 _Ga._, 295. But in
case of _bona-fide_ separation without divorce alimony may be
granted: _Code_ (1882), 401: _ibid._ (1896), II, 235.
[345] _Rev. Civil Code_ (1888), 72, 73; _ibid._ (1870), 20.
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