McCowan v. Donaldson
Massachusetts Supreme Judicial Court
Replevin of a cow. The answer denied the plaintiff’s title. Trial in the Superior Court, before Pitman, J., who reported the case for the consideration of this court, in substance as follows : The plaintiff, to prove her title, called her husband, who testified that, in March 1876, he bought, for $75, a cow and two calves, one of which had become the cow in question, of Ralph King, for the plaintiff, his wife, as her property; that he agreed to cancel or release a debt of…
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Replevin of a cow. The answer denied the plaintiff’s title. Trial in the Superior Court, before Pitman, J., who reported the case for the consideration of this court, in substance as follows : The plaintiff, to prove her title, called her husband, who testified that, in March 1876, he bought, for $75, a cow and two calves, one of which had become the cow in question, of Ralph King, for the plaintiff, his wife, as her property; that he agreed to cancel or release a debt of $40 then due from King to him, and his wife was to pay the balance, to amount to the sum of $75, which was to be the price…
1Opinion of the CourtGray, C. J.
In this Commonwealth, a married woman, though she cannot acquire property by contract or gift directly from her husband, may acquire it either by purchase or by gift from a third person, and may assert her rights therein by a suit in her own name against any person but her husband. Gen. Sts. o. 108, *170§§ 1, 3. St. 1874, e. 184, §§ 1, 3. Degnan v. Farr, 126 Mass. 297. She may make such purchase, either by her own act, or through her husband or any other person as her agent. If the purchase is made in her behalf, and the property is transferred by the seller to her, the fact that the husband…
2Cases cited4 opinions
- McCluskey v. Provident Institution for SavingsMassachusetts Supreme Judicial Court · 1869
- Hawkins v. Providence & Worcester RailroadMassachusetts Supreme Judicial Court · 1876
- Towle v. TowleMassachusetts Supreme Judicial Court · 1873
- Degnan v. FarrMassachusetts Supreme Judicial Court · 1879
3Cited by3 opinions
- GarlandSupreme Judicial Court of Maine · 1927
- Patterson v. PattersonMassachusetts Supreme Judicial Court · 1908
- Ago v. CannerMassachusetts Supreme Judicial Court · 1897