Borger v. Jones

Reno, J.,

The case comes to us upon the rule granted upon petition of the sheriff, requiring the claimant, Mary S. Jones (the wife of the defendant), and the parties to the judgment to show cause why an issue should not be framed. To that rule the claimant and the execution plaintiff have filed answers, and depositions of witnesses have been taken and filed.

When a wife claims property, acquired during coverture, against her husband’s creditors, she is required to substantiate her claim by proof sufficient to repel all adverse presumptions, and this proof must be clear, full and satisfactory.…