Legal Status of Women in Iowa by Jennie Lansley Wilson
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page 12 of 99 (12%)
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[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.] The husband had the legal right to establish his home or domicile in any part of the world where "his interests, his tastes, his convenience, or possibly, his caprice might suggest," and it was the wife's duty to follow him. If she refused to accompany him, no matter upon what ground she based her refusal, she was guilty of desertion. A promise by the husband before marriage as to the establishment of the place of residence of the family, created a moral obligation only and was a mere nullity in law. Whenever there was a difference of opinion between husband and wife in regard to the location of the common home, the will of the wife had to yield to that of the husband. This law of domicile was based upon the grounds of the "identity of the husband and wife, the subjection of the wife to the husband, and the duty of the wife to make her home with her husband." [Sidenote: Witness.] Neither husband nor wife was competent as a witness to testify either for or against the other in civil or criminal cases. [Sidenote: Husband entitled to society of wife.] The husband was entitled to the society and services of his wife and he might bring an action for damages against anyone who harbored her, or |
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