Legal Status of Women in IowaWilson, Jennie L. (Jennie Lansley)
History
Legal Status of Women in Iowa
Wilson, Jennie L. (Jennie Lansley)
Women -- Legal status, laws, etc. -- Iowa
We are told that at marriage the husband "adopted his wife and her
circumstances together." He might exercise his power over her person by
restraining her of her liberty in case of gross misbehavior, or by
giving her moderate chastisement in the same degree that he might
administer correction to his children. An early decision of one of our
state courts interpreted this to mean that a man might whip his wife
with a switch as large as his finger, but not larger than his thumb,
without being guilty of an assault.
[Sidenote: Disabilities.]
Husband and wife being one person could not contract nor enter into a
business partnership with each other; neither could one convey property
to the other without the intervention of a third party. The wife was
incapable of receiving a legacy unless it was willed to another person
as trustee, for her use and benefit, and if a legacy were paid directly
to her, the husband could compel the executor to pay it again to him.
[Sidenote: Wife's power to contract.]
The wife had no power to contract a legal debt nor to bind herself by
any kind of an agreement, neither could she make her husband liable for
any debt or contract, except for necessaries. These, the husband was
under obligation to provide, and in contracting for them, the law
assumed that the wife was acting as his agent.
[Sidenote: Release of dower.]
She might release her right of dower in lands of her husband, but only
when examined separately she acknowledged that the conveyance or release
was not secured by his influence or coercion.
[Sidenote: Wife's earnings.]
Her earnings though acquired by her individual labor and in a business
separate and apart from her husband belonged to him, and he could
collect them by action. This was the law though husband and wife were
living apart. They could be subjected to the payment of his debts, by
his creditors, and if he died without a will they descended to his heirs
as other personal property. They were not considered the property of the
wife, even in equity, without a clear, express, irrevocable gift, or
some distinct affirmative act of the husband, divesting himself of them
and setting them apart for her separate use.
[Sidenote: Power of conveyance and devise.]
A wife had no power to convey her real property, nor could she devise
her personal property by will, without the consent of her husband.
[Sidenote: Domicile.]
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account