Page:Federal Reporter, 1st Series, Volume 3.djvu/619

 61^ FEDBBAIi BEFOBTEB. �evidence that disclosed that ne|tber that defendant, nor the plaintiffs had any title or right of possession. Besides, the hus- band bas a right to live with his -wife on her lands, and a judgment of ouster against him on a lease of hex lands, not assented to by her, an,d which he had no right to make, and that did not bind her, would resuit in dispossessing the wife from her lands, or in separa ting husband and wife. Neither of these things can be done. The right of, possession in the TFife enures to the benefit of the husband, in such case, and as the plaintiffs have no right of possession against the wife, they have none against the husband, by reason of the para- mount right and duty of, husband and wife to live together, and which is a right and duty founded on such high consid- erations of public policy that no instrument executed by either can be used by a third party, by way of estoppel or otherwise, to destroy the right or release from the duty. ���Butler and others. Trustees, v. Dotislass and othera. �{Circuit Court, E. D. Arkansas. , 1880.) �1. EqxTiTT — Statb andFbdbkal Courts. — In the determination of a question of equity law, the federal and state courts appeal to the same Bouroes of information on equity jurisprudence, and the decisions of either are not binding on the other. �a. Sami?— Vendor's Libn — Porbclosube— Statutobt Bar. — In Arlcan- eas there is no statutory bar Xo a suit in equity to foreclose a vendor's lien for the purchase money of real estate, where the vendor bas not parted with the legal title. �S. Bamb — Bame — Same — Rkasonablb Timb. — In such case the lien must be enforced within a reasonable time, and the federal courts hold that that reasonable time is not less than 20 years. �4. Bamb — Legal Titlk — Bon a Fidk Purchasb— Noticb. — The protec- tion extended by a court of equity to a bona fide purchaser belongs only to the purchaser of the legal title without notice of an outstand- ing equity. He who purchases no legal title is not protected, even though without actual notice. �B. C. Brown, for plaintiffs. �Pindall, Dodge e Johnson, for defendants. ����