Shaffer v. Kugler
Supreme Court of Missouri
Appeal from Olay Circuit Court. — Hon. J. M. . Sandusky* Judge. (1) “A deed directly from the husband to the wife was void at law, but it will be upheld in equity as a defective conveyance, if the wife could show herself to be meritorious.”
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Appeal from Olay Circuit Court. — Hon. J. M. . Sandusky* Judge. (1) “A deed directly from the husband to the wife was void at law, but it will be upheld in equity as a defective conveyance, if the wife could show herself to be meritorious.” Walton v. Parish, 96 N. C. 259. (2) In a great many cases it is recognized that the husband may owe the wife a debt — or vice versa — and when such debts have been paid to husband or wife, in preference to other creditors, it is no fraud on such other creditors. French v. Motley, 63 Maine, 326; Claflin v. Welch, 44 Barb. 271 ; Wilson v. Shepperd, 28 Ala.…
1Opinion of the CourtBrace, J.
This is an action in ejectment for a tract of land in Clay county. Martha A. Kugler, *60deceased, who was the wife of the defendant, is the common source of title. She became seized in fee-simple of the forty-acre tract of which the land in controversy (being about twenty-five acres) formed a part, in 1864, and died in 1882. The plaintiff, since her death and before the bringing of this suit, acquired by quitclaim deeds the title of her heirs at law to the land in dispute. The defendant and the said Martha intermarried in 1869; at that time he owned forty acres of land in Caldwell county. After…
2Cases cited16 opinions
- Yale v. . DedererNew York Court of Appeals · 1858
- Walker v. OwenSupreme Court of Missouri · 1883
- White v. . WagerNew York Court of Appeals · 1862
- Love v. WatkinsCalifornia Supreme Court · 1871
- Hendricks v. . IsaacsNew York Court of Appeals · 1889
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3Cited by5 opinions
- Hall v. OttersonNew Jersey Court of Chancery · 1894
- Brown v. DresslerSupreme Court of Missouri · 1894
- McBreen v. McBreenSupreme Court of Missouri · 1900
- Halferty v. ScearceSupreme Court of Missouri · 1896
- McBreen v. McBreenSupreme Court of Missouri · 1900