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ROBIE v. CHAPMAN a.

A husband may have an estate by the curtesy in land conveyed by him as a gift to his wife, which may be taken on execution by his creditors.

CLARK, J.

The plaintiff has a valid title, unless the land levied upon is held by the wife to her sole and separate use. It cannot be so held, because she acquired her title by gift from her husband. Gen. St., c. 164, s. 1; Voght v. Ticknor, 48 N.H. 242. By the common law, William F. Chapman has a life estate as tenant by the curtesy in the lands of his wife, and his interest may be taken on execution.

Judgment for the plaintiff.

FOSTER, J., did not sit: the others concurred.

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ROBIE v. CHAPMAN
(Jun 1, 1879)