Welch v. Welch
Supreme Court of Missouri
Appeal from Chariton Circuit Court. I. The agreed state of facts shows that the proceeds and money for which the suit is brought are neither the earnings nor choses in action of the wife, but property which on acquisition of it by the wife, became at once the property of the husband. In this case possession of wife is that of husband. (Tyl.
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Appeal from Chariton Circuit Court. I. The agreed state of facts shows that the proceeds and money for which the suit is brought are neither the earnings nor choses in action of the wife, but property which on acquisition of it by the wife, became at once the property of the husband. In this case possession of wife is that of husband. (Tyl. Inf. & Oov., 577, and cases cited.) H. It does not appear but that for payment of debts of John Welch, this money, for which suit was brought, was required, and if so, no question can arise as to the right of the administrator of John Welch to recover it…
1Opinion of the CourtWagner, Judge
Plaintiff, in her petition, claimed one hundred and sixty-two dollars and fifty cents for money loaned by her to defendant, and also thirteen dollars, the price of a cow, which she sold to him. The answer was a simple denial of indebtedness.
The case was submitted to the court on the following agreed statement: “It is agreed that Matilda Welch, during the lifetime of her husband, John Welch, and while they lived together as man and wife, and about the 18th day of April, 1868, had in her possession the amount of money in her petition mentioned, arising from the proceeds of the sale of a horse…
2Cases cited2 opinions
- Coughlin v. RyanSupreme Court of Missouri · 1868
- Gentry v. McReynoldsSupreme Court of Missouri · 1849
3Cited by10 opinions
- McCoy v. HyattSupreme Court of Missouri · 1883
- Foley v. HarrisonSupreme Court of Missouri · 1911
- Thomas v. ThomasSupreme Court of Missouri · 1891
- First National Bank v. SimpsonSupreme Court of Missouri · 1899
- Botts v. GoochSupreme Court of Missouri · 1888
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