Schneider v. Staihr
Supreme Court of Missouri
Error to Cole Circuit Court. Petition by Schneider to foreclose a mortgage executed by Staihr and wife, in 1851, upon the wife’s undivided interest in the real estate of her deceased father, to secure a note of the wife’s brother, upon which her husband was security. After the execution of the mortgage, the real estate was sold by the sheriff in partition by order of court. The sale was upon credit, and the purchase money had not yet become due.
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Error to Cole Circuit Court. Petition by Schneider to foreclose a mortgage executed by Staihr and wife, in 1851, upon the wife’s undivided interest in the real estate of her deceased father, to secure a note of the wife’s brother, upon which her husband was security. After the execution of the mortgage, the real estate was sold by the sheriff in partition by order of court. The sale was upon credit, and the purchase money had not yet become due. The sheriff was made a co- defendant, and the plaintiff prayed for an order upon him to pay over out of the wife’s share of the proceeds enough to…
1Opinion of the CourtScott, Judge
1. It cannot be maintained that the act of the 5th March, 1849, exempting the property of married women from the debts of their husbands, was designed to prevent femes covert from disposing of their real property by a voluntary conveyance, for whatever purpose they thought proper. If married women, clothing their deeds with the solemnities required by law to make them effectual, will convey away their estates, the law does not interpose to prevent them. Without their consent signified in the manner prescribed by law, their property cannot be taken by execution to satisfy their husband’s…
2Cited by4 opinions
- Baker v. KennettSupreme Court of Missouri · 1873
- Ferguson v. SodenSupreme Court of Missouri · 1892
- McCollum v. BoughtonSupreme Court of Missouri · 1896
- Peck v. HayesNew York County Court, Fulton County · 1888