Pitkin v. Mott
Missouri Court of Appeals
Appeal from, the Scotland Circuit Court. — Hon. Ben E. Turner, Judge. The record shows that on January 27, 1885, the property out of which the $1,000 in controversy was received by J. H. Mott, was purchased by him with his own means, and the title put in his wife, and further, the property having been deeded to the wife durin the coverture, the law presumes that the husband paid for it.
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Appeal from, the Scotland Circuit Court. — Hon. Ben E. Turner, Judge. The record shows that on January 27, 1885, the property out of which the $1,000 in controversy was received by J. H. Mott, was purchased by him with his own means, and the title put in his wife, and further, the property having been deeded to the wife durin the coverture, the law presumes that the husband paid for it. Payton v. Bragg, 113 Mo. 505; Sloan v. .Torry, 78 Mo. 623; Seits v. Mitchell, 94 U. S. 580. Section 6869, Revised Statutes, only applies to property received by the wife during coverture “by gift, bequest or…
1Opinion of the CourtBiggs, J.
— This action was commenced during the life time of John EL Mott. After his death, the suit was revived in the name of Anna L. Mott, the administratrix of his estate, who was duly served with process.
The petition contains but one count. It states a cause of action for money had and received, and it also attempts to state one for the conversion of,a watch. No objection was made to the petition in the circuit court. The answer of the administratrix is a general denial. The cause was submitted to the court, a jury having been waived. There was a judgment in favor of the plaintiff for five…
2Cases cited10 opinions
- Leete v. State Bank of St. LouisSupreme Court of Missouri · 1893
- Hammons v. RenfrowSupreme Court of Missouri · 1884
- Gilliland v. GillilandSupreme Court of Missouri · 1888
- Sloan v. TorrySupreme Court of Missouri · 1883
- Rodgers v. Bank of Pike CountySupreme Court of Missouri · 1879
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3Cited by3 opinions
- Olson v. PetersonSupreme Court of Kansas · 1912
- Brunner v. Title Insurance and Trust CompanyCalifornia Court of Appeal · 1914
- Funk v. FunkMissouri Court of Appeals · 1920