Page:Federal Reporter, 1st Series, Volume 2.djvu/210

 ■VVABFORD V. NOBLE. 203 �interest by vîrtue of lier marriage, -where the inchoate interest is not directed by the judgment to be sold or barred by virtue of such sale, such interest shall become absolute, and vest in the wife in the same manner and to the same extent as such, inchoate interest of married -wornen now becomes absolute upon the death of the husband, whenever, by virtue of said sale, the legal title of the husband in and to such real prop- erty shall become absolute and vest in the purchaser thereof, his heirs and assigns, subject to the provisions of this aot, and not otherwise." �The property of the bankrupt having been transferred un- der the bankrupt law to the assignee, that bas been declared by the supreme court of this state to be a judicial sale within the meaning of this act of the legislature, and so the act oper- ates upon the interest which the husband may have had in real property, The difference between the interest which the husband bas is that where he is seized of real estate the right of the wif e cannot be divested without her consent. When he bas merely an equitable interest in land he bas the right to dispose of it at any time during his life. At the time of the bankruptcy, the bankrupt had an equitable interest in a tract of land in the county of Hamilton, in this state. It was a tract of Bchool land, which had been sold in conformity with the lawB of this state, and a certificate of purchase had been given, which had been transferred by the purchaser to various par- ties, and finally had corne by purchase into the possession of the bankrupt. Under the law of this state he had taken pos- session of the property, and had resided oh it for a consider- able time. The purchase was originally made in 1839. There was due upon the certificate of purchase, in order to consummate the title in the bankrupt, $700, which, of course, before a perfect title could be obtained, must be paid, and the bankrupt having this equitable interest, the assignee made an application to the court for leave to raise the neo- essary amount to pay what was due. This was granted, and the money was raised, and the balance due on the land was paid by the assignee, thus entitling the purchaser or who- ����