Meighen v. Chandler
North Dakota Supreme Court
Appeal from District Court, McLean county; Ron. W. R. Winchester, J. Action by Catherine Meighen against William E. Chandler, substituted for Josephine Chandler and D. E. Chandler. Erom a judgment in favor of the defendants, plaintiff appeals. As between the husband’s creditors and the wife, contesting over property claimed by her- and with probable grounds to believe it his, the wife must show by satisfactory evidence that she owns it.
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Appeal from District Court, McLean county; Ron. W. R. Winchester, J. Action by Catherine Meighen against William E. Chandler, substituted for Josephine Chandler and D. E. Chandler. Erom a judgment in favor of the defendants, plaintiff appeals. As between the husband’s creditors and the wife, contesting over property claimed by her- and with probable grounds to believe it his, the wife must show by satisfactory evidence that she owns it. Smith v. Tosini, 1 S. D. 632, 48 N. W. 299.; Horton v. Dewey, 53 Wis. 410,. 10 N. W. 599; Gettelmann v. Gitz, 78 Wis. 439, 47 N. W. 660; 20' Cyc. Law & Proc.…
1Opinion of the CourtCarmody, J.
On July 18th, 1898, defendant D. E. Chandler executed his promissory note to William M. Meighen, payable on or before two years after date, for $2,458.40, with interest at 7 per cent per annum. Meighen, who was the husband of appellant, died before the maturity of said note, which was transferred to appellant. Defendant Josephine Chandler was the wife of D. E. Chandler and sister of appellant. On the 18th day of February, 1905, action was commenced to recover on said note. On the 9th day of May, 1906, defendant D. E. Chandler stipulated to allow judgment to be entered against him for the sum…
2Cases cited8 opinions
- Hanson v. ManleySupreme Court of Iowa · 1887
- Frank v. KingIllinois Supreme Court · 1887
- Horton v. DeweyWisconsin Supreme Court · 1881
- Minneapolis Stock-Yards & Packing Co. v. HalonenSupreme Court of Minnesota · 1894
- Gettelmann v. GitzWisconsin Supreme Court · 1891
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3Cited by2 opinions
- Schriock v. SchriockNorth Dakota Supreme Court · 1964
- Finch, Van Slyke & McConville v. StyerNorth Dakota Supreme Court · 1924