Patton v. Kinsman
Supreme Court of Iowa
Appeal from Henry District Court. CONTRACTS OP MAR&IED WOMEN: THEIR CONTRACTS, WHEN AND HOW ENFORCED IN EQUITY. — These two causes were consolidated below. The adversary parties are Mrs. Patton and Kinsman. Prom the pleadings and evidence the following facts appear: In 1858, Mrs. Patton (formerly Mrs. Carson) was the owner, in her own right and name, of a note made by one Underwood, secured by a mortgage of certain property in Mount Pleasant.
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Appeal from Henry District Court. CONTRACTS OP MAR&IED WOMEN: THEIR CONTRACTS, WHEN AND HOW ENFORCED IN EQUITY. — These two causes were consolidated below. The adversary parties are Mrs. Patton and Kinsman. Prom the pleadings and evidence the following facts appear: In 1858, Mrs. Patton (formerly Mrs. Carson) was the owner, in her own right and name, of a note made by one Underwood, secured by a mortgage of certain property in Mount Pleasant. Her son, George S. Carson, not then of age, a fact known to all the parties, wished to buy a span of horses, wagon and harness, to go into the business…
1Opinion of the CourtDilloN, J.
l. husband ^vife-rcon-tract. I. The appellant, Mrs. Patton, produced no evidence to sustain her charge of fraud against Kinsman act. His conduct would appear from the testi-memy to have been, from first to last, entirely unexceptionable. Her case rests wholly upon the fact, that when the note was assigned by her, she was a feme covert. She claims that the note was for this reason void, and if void, there was no consideration for the assignment of the sheriff’s certificate as security for its payment, and if so, she is entitled to have the property conveyed to her by Kinsman, free of any…
2Cases cited6 opinions
- Yale v. . DedererNew York Court of Appeals · 1858
- Yale v. . DedererNew York Court of Appeals · 1860
- Yale v. DedererNew York Supreme Court · 1855
- McLane v. RiddleSupreme Court of Alabama · 1851
- Young v. GraffIllinois Supreme Court · 1862
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3Cited by9 opinions
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- Simms v. HerveySupreme Court of Iowa · 1865
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- Miller v. HollingsworthSupreme Court of Iowa · 1872
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