Phelps v. Tappan
Supreme Court of Missouri
Error to Greene Circuit Court. This was a petition filed by John S. Phelps, for an injunction of a sale of his land under execution.
Read the full summary
Error to Greene Circuit Court. This was a petition filed by John S. Phelps, for an injunction of a sale of his land under execution. The petition stated that the judgment upon which the execution issued was rendered against the petitioner and his wife, upon a liability incurred by his wife before his marriage with her ; that she had no property at the time of the marriage; that he had acquired the real estate upon which the execution was levied “ by grant and purchase, since the marriage,” and not by any means or property which had accrued to him hy virtue of the marriage. ■ The Circuit Court…
1Opinion of the CourtScott, Judge
1. The application for the relief sought in the present case, is based on the second section of the act to amend an act entitled “ an act to regulate executions,” approved March 5th, 1849. That section prescribes that the property owned by a man before his marriage, and that which he may acquire after his marriage by descent, gift, grant or devise, and the use and profits thereof, shall be exempt from all debts and liabilities contracted or incurred by his wife before their marriage. The first section of the act exempts the like property of the wife from debts contracted by the husband prior…
2Cited by2 opinions
- Pawley v. VogelSupreme Court of Missouri · 1868
- Hale v. CoeSupreme Court of Missouri · 1872