Otto F. Stifel's Union Brewing Co. v. Saxy
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Hon. William M. Kinsey, Judge. (1) It is wholly immaterial whether the Theodosia Avenue property was, or was not, purchased with the separate means of the defendant Mary M. Saxy. At the time plaintiff’s debt was contracted the record title of the property stood in the .joint names of Mary M. Saxy and Edward Saxy, her husband, as tenants by the entirety.
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Appeal from St. Louis City Circuit Court. — Hon. William M. Kinsey, Judge. (1) It is wholly immaterial whether the Theodosia Avenue property was, or was not, purchased with the separate means of the defendant Mary M. Saxy. At the time plaintiff’s debt was contracted the record title of the property stood in the .joint names of Mary M. Saxy and Edward Saxy, her husband, as tenants by the entirety. The general rule is that, a wife who permits her husband to hold the record title to her realty is estopped to assert her title thereto as against one extending credit to the husband in reliance on…
1Opinion of the Court
ROY, C.
The plaintiff seeks herein to subject an alleged interest of defendant Edward Saxy .in real estate standing in the name of his wife, the defendant Mary M. Saxy, to the payment of a judgment debt' due to it from the husband. There was a decree for defendants, and plaintiff has appealed.
On September 3, 1891, certain real estate in St. Louis was conveyed to the defendants, they being then, as now, husband and wife, and taking said property as tenants by the entireties. In 1905, while the property was so held, the husband became indebted to the plaintiff. Thereafter, through an…
2Cases cited28 opinions
- Hiles v. . FisherNew York Court of Appeals · 1895
- Hall v. StephensSupreme Court of Missouri · 1877
- Pray v. StebbinsMassachusetts Supreme Judicial Court · 1886
- Jordan v. ReynoldsCourt of Appeals of Maryland · 1907
- Frost v. FrostSupreme Court of Missouri · 1906
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3Cited by70 opinions
- Vasilion v. VasilionSupreme Court of Virginia · 1951
- United States v. HutchersonCourt of Appeals for the Eighth Circuit · 1951
- In Re Franklin J. Garner, Jr., Debtor. Frank Garner, Margie Garner v. Bruce Strauss, TrusteeCourt of Appeals for the Eighth Circuit · 1991
- Licker v. GluskinMassachusetts Supreme Judicial Court · 1929
- Sawada v. EndoHawaii Supreme Court · 1977
65 more not listed; retrieve them via the Exa API.