Columbia Savings Bank v. Winn
Supreme Court of Missouri
Appeal from Boone Circuit Court. — Hon. John A. Hockadax, Judge. (1) At common law marriage vested in the husband the personal property of the wife, then owned, or thereafter acquired, by her and of which he obtained possession, the rule was predicated upon the idea of identity of the two, but in equity the wife has such a separate existence from her husband that she could have and hold a separate estate.
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Appeal from Boone Circuit Court. — Hon. John A. Hockadax, Judge. (1) At common law marriage vested in the husband the personal property of the wife, then owned, or thereafter acquired, by her and of which he obtained possession, the rule was predicated upon the idea of identity of the two, but in equity the wife has such a separate existence from her husband that she could have and hold a separate estate. It is well settled by repeated decisions in this state that the husband may waive his rights to his wife’s personal property and permit her to retain the same free from his marital ■claims,…
1Opinion of the CourtMaceablane, J.
This is a suit by plaintiff, a judgment creditor of defendant A. H. Winn, to set aside as fraudulent and cancel a deed made by him to his wife, defendant Ann E. Winn, to one hundred and twenty acres of land in Boone county.
The petition charges that the said defendant A. H. Winn, being the owner of the land and insolvent, and anticipating suits against him, without consideration, and with the intent to hinder, delay, and defraud his creditors, conveyed the same to his wife by deed dated April 26, 1893. It charges further that on the fifteenth day of June, 1893, plaintiff obtained a judgment…
2Cases cited6 opinions
- Sexton v. AndersonSupreme Court of Missouri · 1888
- Logan v. HallSupreme Court of Iowa · 1865
- Riley v. VaughanSupreme Court of Missouri · 1893
- Botts v. GoochSupreme Court of Missouri · 1888
- White v. ClasbySupreme Court of Missouri · 1890
1 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Friedel v. BaileySupreme Court of Missouri · 1931
- Hudson v. WrightSupreme Court of Missouri · 1907
- Blake v. MeadowsSupreme Court of Missouri · 1909
- Winn v. RileySupreme Court of Missouri · 1899
- First National Bank v. SimpsonSupreme Court of Missouri · 1899
3 more not listed; retrieve them via the Exa API.