FRANKENTHAL v. GILBERT. 7
subjecting these goods to the payment of their debts, and this question
, is the only__ point in the case that need be considered; The proof shows
that the contract of purchase was that Mrs. Gilbert was to pay $400 in
cash, give her note for $2,907, indorsed by a solvent indorser, and give
her 12 notes, without indorsement, for equal amounts, and falling due
at the end of each month, the payment of theindorsed note to be secured
by a trust deed on the stock which was consummated by the payment
of the money, which Mrs. Gilbert borrowed, and the execution and de-
livery of the notes and trust deed, according to the contract. Mrs. Gil- 4
bert immediatelyjvent into possession ofthe goods, under her own sign,
and by her husband, son, and daughter, and other clerks employed,
has since continued the business, and, though not promptly, has paid
off the notes. l ·
It is contended for complainants that as Mrs. Gilbert is not shown to have
had any means of her own with which to make the purchase, that she
could not borrow the money, or buy on credit, and that Gilbert, being
employed in the business without any contract for wages, the proof show-
ing there was not any agreement for wages, or any paid, other than that
he obtained his support, and the contribution to the support of his fam-
ily, by his services. Our statute completely emancipates marriedwomen
from all marital disabilities as to their personal rights and liabilities as
though they were unmarried, enables them to borrow money, purchase
property on a credit, and carry on in their own names any lawful busi-
ness, and makes them liable for all their contracts, and subject to a per- ·
sonal judgment as though unmarried. It often happens that friends of
the wife are willing to aid her in procuring the means of support for her-
 elf and family in case of the inability of her husband to do so,·from any
cause, to loan her money, sellon a credit, or indorse her paper, and this
with the expectation that she will be aided in the management of her
business by her husband. whose first duty is to provide for the support
of his wife and children, including the education of his children. - This
may well be done without any fraud or injury tothe husband’s creditors,
provided the husband does not reserve to himself any interest inthe prop-
erty, or the income of the business, beyond his own support and neces-
sary personal expenses. There is no obligation upon h-is wife to support
and maintain him so long as he is able, by his own labor, to support
himself. Applying these rules, sanctioned by the laws of this state, I
am unable to {ind, from the evidence, the fraud charged in the bill sufii-
cient to declare Mrs. Gilbert to be the trustee for the creditors of her hus-
band, as prayed for in the bill. Counsel for complainants rely very much
upon statements made by Phil Gilbert to the commercial agency as to
his Hnancial condition, some time before the sale —to his creditors, for
the relief prayed for in the bill. While this evidence might be of weight,
upon an attachment issue, as grounds therefor, it cannotdefeat the rights
of Mrs. Gilbert, unless participated in by ther. Thepurchasers from
Gilbert, having obtained a good title, could convey it to another, al-
though that other knew that the sale upon the part of Gilbert was made
with the design to defeat his creditors, had such b_een the case; but the