Cook

This is an action of ejectment. The plaintiffs are the children of Charles W. Cook and his wife Charlotte, who deceased in 1857, and the premises were acquired by Cook in 1853, and belonged to the marital community.

The defendants derive their title from Cook by deed delivered by him subsequently to the death of his wife. It was found by the court that before the death of the wife, Cook, the husband, had been a member of the banking firm of Palmer, Cook & Co., from which firm he had retired shortly previous to her death, and that upon the retirement of Cook tho firm was largely indebted, though J. C. Palmer, a member of the firm, had assumed the payment of its entire indebtedness, and retained assets of the firm sufficient for that purpose; but these debts had not in fact been paid at the death of the wife.

1. Upon the death of the wife, the entire property of the marital community of which she had been a member, remained subject to the payment of the community debts.

2. The surviving husband was under obligation to discharge those community debts, and had a right to do so by applying the community property to that purpose.

3. It is found by the court below, in this case, that…