bill versus commissary hide ux S c Prec Chan see Murray v Barlee sim in re  turnbull Ch a feme covert to appear and answer without her husband see Abr Eq  c on a motion for discharge of the defendant wife who be take upon a  attachment for not appear and answer the plaintiff bill the case appear to be  thus the defendant wife be a widow and have a considerable fortune upon the  defendant application to her by way of marriage propose the settle her own  fortune upon herself separate wherewith he be not to intermeddle and accord  before marriage a settlement be make and execute and the marriage take effect  some time after the defendant be very much in debt be arrest and the creditor  be go on to take out execution and to seize his good but to prevent that the  wife give a note that if they will discharge the action which be for pound she  will pay the debt out of her own personal estate and accord the action be  discharge but she afterward refuse to make good her agreement and now this  bill be bring to enforce a execution thereof the bill be bring against the  husband and wife and process take out against both and actual serve upon the  wife at her house but the husband can not be find after which neither the  husband nor wife appear a attachment be take out against both and the husband  still keep out of the way the wife be take upon the attachment and now move to  be discharge on several affidavit that her husband be actual go to holland  before the fill of the bill and so process against her without her husband be  irregular and that she ought to be discharge and it say at law there can be no  proceed against the wife without her husband and that equity follow the law in  this particular on the other side it say that the wife in this case be not to  be consider as a feme covert that she have a estate settle on her before  marriage for her separate use this make her a feme sole and a separate person  from her husband and Gilbert report er p so her agreement be bind upon her  that they have do all they can to bring in the husband that they have make he  a party to the bill take out a subpoena against he and his wife and for not  appear they have Gilbert take out a attachment likewise against both that if  they can not in this case proceed against the wife the justice of the court  will be elude and it will be easy for any man to settle all his estate upon  his wife and then get out of the way and so bid defiance to his creditor and  sir Joseph Jekyll say it the say of a very great Alan be good judge to widen  jurisdiction and he think to extend the arm of justice far than usual when  otherwise there will be a failure of justice be the duty of every court that  in some case a woman may sue without her husband and nothing be more common  than for a wife in this court even to sue her own husband and sure in this  case the plaintiff ought not to lose the benefit of the wife be agreement by  her send her husband abroad and cite a case of Duboise and dowle to this  purpose but the Lord keeper seem to be of opinion that the process in this  Cause without the husband be irregular and that they ought to stay till the  husband be return when they may renew the process against both to which it  answer suppose the husband shall never return must they then be total deprive  of the benefit of this agreement on which my Lord keeper say he will ask the  master of the roll opinion and be govern by that and afterward the master of  the roll come into court be clear of opinion that the process in this case  without the husband be regular that the husband be join in the suit only for  conformity and say a woman by her marriage do not lose her understanding or  discretion but rather improve it by her husband be teach and cite more and  Hussey hob where several case be cite where in a feme covert without her  husband shall be Chargeable and say the practice of this court have be  constant so on which the defendant pray time till the first day of next term  to put in her answer and on her enter her appearance with the register and pay  the cost of the motion it grant and she too discharge out of custody note how  in this case move that the defendant ought not to be hear to move for her  discharge because she not have appear by her clerk in court be not at all in  court but a perfect stranger and so can not regular make any application by  her counsel till she have bring herself into court by direct her clerk to  enter a appearance for her but of this no notice be take either by the court  or counsel on the other side vide complete attorney