Hanchett v. Rice
Appellate Court of Illinois
Appeal from the Superior Court of Cook County; the Hon. Elliott Anthony, Judge, presiding. Statement by Moran, J. This was an action of replevin to recover possession of certain household furniture which had been taken by the Sheriff on a writ of attachment against one Isaac A. Rice, the husband of appellee, and which appellee claimed was her separate property purchased with her own money.
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Appeal from the Superior Court of Cook County; the Hon. Elliott Anthony, Judge, presiding. Statement by Moran, J. This was an action of replevin to recover possession of certain household furniture which had been taken by the Sheriff on a writ of attachment against one Isaac A. Rice, the husband of appellee, and which appellee claimed was her separate property purchased with her own money. It appeared from her evidence that she was married in Baltimore, Maryland, in 1854, and at once went to live with her husband in Richmond, Virginia. On the day of her marriage she received $1,000 from her…
1Opinion of the CourtMoran, J.
The question presented by this record is whether the appellee established, by the evidence introduced, a title in the furniture replevied, which entitled her to recover it in an action at law against the creditor of her husband, who had levied upon it. By the common law the money and personal property of the wife, of which she was actually and beneficially possessed at the time of the marriage in her own right, and such goods and chattels as might come to her during marriage, became the absolute property of her husband, and the tangible property was transferred to him by operation of the law…
2Cases cited6 opinions
- Savage v. . O'NeilNew York Court of Appeals · 1871
- Lichtenberger v. GrahamIndiana Supreme Court · 1875
- Farrell v. PattersonIllinois Supreme Court · 1867
- Tinkler v. CoxIllinois Supreme Court · 1873
- Dubois v. JacksonIllinois Supreme Court · 1868
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- E. B. Hayes Machinery Co. v. EasthamSupreme Court of Louisiana · 1920
- Mackin v. BlytheAppellate Court of Illinois · 1890
- Van Ingen v. BrabrookAppellate Court of Illinois · 1888
- Miller v. MacVeaghAppellate Court of Illinois · 1891
- Lipe v. McClevyAppellate Court of Illinois · 1891