Legal Opinion

Kehr v. Smith

Supreme Court of the United States

Decided May 18, 1874PublishedCited by 37 opinions

- Appeal from the Circuit Court for the Eastern District of Missouri. Smith, assignee of Martin Meyer, a bankrupt, brought a bill . in equity in the District Court for the Eastern District of Missouri, to set aside as fraudulent a deed of trust given by the bankrupt in August,-1867, to one Kehr, on a house arid lot where he lived, and owned by him; to secure two promissory notes, of even date with the deed, for- $250.0 each,' payable respectively, in one and two- years from…

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- Appeal from the Circuit Court for the Eastern District of Missouri. Smith, assignee of Martin Meyer, a bankrupt, brought a bill . in equity in the District Court for the Eastern District of Missouri, to set aside as fraudulent a deed of trust given by the bankrupt in August,-1867, to one Kehr, on a house arid lot where he lived, and owned by him; to secure two promissory notes, of even date with the deed, for- $250.0 each,' payable respectively, in one and two- years from date, with interest,-which the bankrupt executed tó a certain Schaeffer, as trustee of Clara Meyer, his wife. The 'ease…

1Opinion of the CourtJustice Davis

It is unnecessary to discuss filie question whether the settlement made, in view of actual separation, could be upheld or not in the condition o.f the husband’s affairs, because this case must-turn on what occurred afterwards. All, the elements of value which entered into the composition of the first agreement’ ceased to exis't when the parties became reconciled. The marital relations were resumed on the basis of mutual forgiveness for past misconduct, and the wife became eutitled to support from-her husband and to dower in his estate. These rights of the wife'had been relinquished in the…

2Cited by37 opinions

  1. Lloyd v. FultonSupreme Court of the United States · 1876
  2. First Nat. Bank v. SwanWyoming Supreme Court · 1890
  3. Hunter's Ex'rs v. HunterWest Virginia Supreme Court · 1877
  4. Peoples Savings & Dime Bank & Trust Co. v. ScottSupreme Court of Pennsylvania · 1931
  5. In re Locust Bldg. Co.Court of Appeals for the Second Circuit · 1924

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