State ex rel. Cunningham v. Carroll
Missouri Court of Appeals
Appeal from St. Louis Circuit Court. This is a suit upon a constable’s official bond, for alleged malfeasance in seizing and selling the separate property of the plaintiff in interest, Elizabeth Cunningham, under an ■execution against her husband, James S. Cunningham. Plaintiffs obtained judgment in the Circuit Court, from which the defendants appealed.
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Appeal from St. Louis Circuit Court. This is a suit upon a constable’s official bond, for alleged malfeasance in seizing and selling the separate property of the plaintiff in interest, Elizabeth Cunningham, under an ■execution against her husband, James S. Cunningham. Plaintiffs obtained judgment in the Circuit Court, from which the defendants appealed. The plaintiffs Cunningham were married in May, 1871, in the State of Ohio, where they resided thereafter until August, 1874, when they removed to this State and established themselves in the city of St. Louis. By the law of Ohio, as shown in…
1Opinion of the CourtLewis, P. J.
In the former hearing of this cause, our attention was not pai-ticularly directed to the effect of the rule in equity jurisprudence whereby, when property is conveyed to a married woman for her separate estate, no trustee being named, her husband becomes her trustee for the management of the *265property to her use. An application of this rule, by the light of the additional authorities furnished by respondents’ counsel, presents the rights of the parties, respectively, in an aspect materially different from that in which they were viewed in our former opinion. The point upon which the case was…
2Cases cited4 opinions
- Woodford v. StephensSupreme Court of Missouri · 1873
- Harrison v. HarrisonSupreme Court of Alabama · 1851
- Doss v. CampbellSupreme Court of Alabama · 1851
- Henry v. State ex rel. RussellSupreme Court of Missouri · 1846
3Cited by1 opinion
- State ex rel. Goldsoll v. Chatham National BankMissouri Court of Appeals · 1881