Alexander v. Lydick
Supreme Court of Missouri
Appeal,from, Livingston Circuit Court, — Hon. E. J. Broaddus, Judge. The evidence shows conclusively that the property in dispute was that of plaintiff, Elizabeth Alexander, when the constable* seized it. Admitting that the property became the husband’s by right of marriage, yet he has the right, when not in fraud of creditors, to make a gift of any personal property to the wife.
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Appeal,from, Livingston Circuit Court, — Hon. E. J. Broaddus, Judge. The evidence shows conclusively that the property in dispute was that of plaintiff, Elizabeth Alexander, when the constable* seized it. Admitting that the property became the husband’s by right of marriage, yet he has the right, when not in fraud of creditors, to make a gift of any personal property to the wife. Richardson v. Lowry, 67 Mo. 417. The judgment being a general one against a married woman, is a nullity. Gage v. Gates, 62 Mo. 412; Lincoln v. Rowe, 64 Mo. 138; Galckoell v. Stephens, 57 Mo. 352 ; Long v. Cockrell,…
1Opinion of the Court
Martin, C.
This was- an action for the claim and delivery of personal propei’ty, consisting of some wheat, household furniture, wagon, sewing machine, books, bookcase, etc., and was brought before a justice of the peace by whom judgment was rendered for plaintiff. On an appeal to the circuit court, judgment was given for the defendant against the plaintiffs and their sureties, for return of the property or payment of the value thereof, which was assessed at $70.
In the amended statement it is alleged that the plaint-*344ifi's are husband and wife, but that the property sued for belongs to the wife.…
2Cases cited6 opinions
- Woodford v. StephensSupreme Court of Missouri · 1873
- Bevier v. GallowayIllinois Supreme Court · 1874
- Cothran v. LeeSupreme Court of Alabama · 1854
- Weed Sewing Machine Co. v. MaxwellSupreme Court of Missouri · 1876
- Long v. CockrellSupreme Court of Missouri · 1874
1 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Benne v. SchneckoSupreme Court of Missouri · 1889
- Flesh v. LindsaySupreme Court of Missouri · 1893
- Farmers & Traders Bank of Auxvasse v. HarrisonSupreme Court of Missouri · 1928
- Gabriel v. MullenSupreme Court of Missouri · 1892
- Bedsworth v. BowmanSupreme Court of Missouri · 1890
6 more not listed; retrieve them via the Exa API.