Legal Opinion

Toof v. Brewer

Mississippi Supreme Court

Decided October 15, 1909PublishedCited by 6 opinions

Krom the chancery court of Marshall county. How. B. T. Kimbrough, Chancellor. Toof and others, appellants, were complainants in the court below; Mrs. Brewer and another, appellees (husband and wife) were defendants there. The suit was an attachment in chancery ; the court below sustained defendant’s demurrer to the bill -of complaint and dismissed the suit. The complainants appealed to the supreme court.

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Krom the chancery court of Marshall county. How. B. T. Kimbrough, Chancellor. Toof and others, appellants, were complainants in the court below; Mrs. Brewer and another, appellees (husband and wife) were defendants there. The suit was an attachment in chancery ; the court below sustained defendant’s demurrer to the bill -of complaint and dismissed the suit. The complainants appealed to the supreme court. In 1882 and 1883 Mrs. Brewer and her husband were farming in Arkansas, where they resided, as partners and purchased supplies upon credit from Toof and others, merchants of Memphis,…

1Opinion of the Court

CoopeR, O. J.,

delivered tbe opinion of tbe court.

By tbe Code of 1880 all disabilities of married women were-removed, and with us they have equal power with a feme sole to acquire and own property, to convey it, to make all sorts of contracts, and to sue and be sued. We are no longer concerned! about tbe separate estates in equity, or separate statutory estates of married women, nor tbe circumstances, extent, or manner in wbicb they may be charged. There is therefore no public policy of tbe state wbicb will preclude tbe enforcement here of any valid contract made in another state by a married…

2Cases cited15 opinions

  1. Bank of Louisiana v. WilliamsMississippi Supreme Court · 1872
  2. O'Daily v. MorrisIndiana Supreme Court · 1869
  3. Wilson v. LoomisIllinois Supreme Court · 1870
  4. Noel v. . KinneyNew York Court of Appeals · 1887
  5. Ward v. Estate of WardSupreme Court of Arkansas · 1880

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3Cited by6 opinions

  1. Hoaglin v. C. M. Henderson &. Co.Supreme Court of Iowa · 1903
  2. Riddle v. GeorgeSupreme Court of South Carolina · 1936
  3. Gilkerson-Sloss Commission Co. v. SalingerSupreme Court of Arkansas · 1892
  4. Jones v. JonesMississippi Supreme Court · 1911
  5. Burwell v. South Carolina Tax CommissionSupreme Court of South Carolina · 1924

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