White v. Zane
Michigan Supreme Court
Error to Cass Circuit. Rachel J. Zane, the wife of defendant, died in December, 1860, and plaintiff ivas appointed administrator on her estate by the Probate Court of Cass county, where the parties resided at the time of her decease. As such administrator he brought trover against defendant, for the conversion of a promissory note and certain articles of household goods and wearing apparel alleged to have belonged to Mrs. Zane in her lifetime.
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Error to Cass Circuit. Rachel J. Zane, the wife of defendant, died in December, 1860, and plaintiff ivas appointed administrator on her estate by the Probate Court of Cass county, where the parties resided at the time of her decease. As such administrator he brought trover against defendant, for the conversion of a promissory note and certain articles of household goods and wearing apparel alleged to have belonged to Mrs. Zane in her lifetime. On the trial of the cause before a jury, the following special verdict 'was found. “ The jury find that Rachel Zane was, at her decease, the wife of…
1Opinion of the Court
Martin Ch. J.:
The property of the wife does not, under our statute, become the husband’s by user, or by the simple possession of it by him. The object of the statute was to prevent this result, and to abolish the common law rule respecting the marital rights of the husband over his wife’s property.
The husband can not acquire the property of -his wife except by gift or purchase, any more than he can that of a feme sole. Such gift or purchase must be established by some other evidence than that of use and possession. (See Wales v. Newbould, 9 Mich. 45).
The judgment must be reversed, and a…
2Cases cited1 opinion
- Wales v. NewbouldMichigan Supreme Court · 1860
3Cited by5 opinions
- Tong v. MarvinMichigan Supreme Court · 1866
- Adoue v. SpencerSupreme Court of New Jersey · 1901
- Sykes v. City Savings BankMichigan Supreme Court · 1897
- People v. WallaceMichigan Court of Appeals · 1988
- Gardner v. CaldwellMontana Supreme Court · 1895