At common law, the husband was, during coverture, liable for all the ante-nuptial debts of his wife, even although he did not know of their existence at the time of his marriage.7 The husband could, however, set up any defense to such debts that could have been personally set up by his wife.8

The death of the wife released the husband from all liability for any debt of the wife which had not been reduced to judgment against husband during the coverture.9 If a judgment is recovered against the wife before marriage a sci. fa. lies against her and her husband, after marriage, and if a judgment is obtained against them on sci. fa., and she afterwards dies, he will be bound by the judgment.10

4 Lee vs. Hopkins, 20 Ont., 666;

Hildreth vs. Camp, 41 N. J. L., 306.

5 Marshall vs. Oakes, 51 Me., 308;

Carlton vs. Haywood, 49 N. H., 316.

6 Woodward vs. Bames, 46 Vt.,

332, 14 Am. Rep., 626.

7 Hetrick vs. Hetrick, 13 Ind., 44; Alexander vs. Morgan, 31 Ohio St., 546.

8 Caldwell vs. Drake, 4 J. J., Marsh,

246.

9 William vs. Kent, 15 Wend. (N.

Y.), 360; Hawthorne vs. Beck-with, 89 Va., 786.

A wife was not liable for the debts of her husband.

At common law the surviving husband or wife had the right of administration of the estate of the deceased wife or husband.