Knapp v. . Smith
New York Court of Appeals
Appeal from the Supreme Court. The action was in the nature of replevin for one colt' and seven yearling heifers. The defendants justified under a judgment and execution in a justice’s court, in favor of one Phelps, against Horace B. Knapp, the husband of the plaintiff.
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Appeal from the Supreme Court. The action was in the nature of replevin for one colt' and seven yearling heifers. The defendants justified under a judgment and execution in a justice’s court, in favor of one Phelps, against Horace B. Knapp, the husband of the plaintiff. It appeared on the trial, before a referee, that the plaintiff was married in 1885, and that her husband became insolvent in 1851, and then made an assignment of his property, in trust for the payment of his debts, and that he co'ritinued insolvent to the time of bringing the action. In 1853, John Smith conveyed to the…
1Opinion of the Court
Denio, Ch. J.
At common law, a married woman had a capacity to take real or personal estate, by grant, gift or other conveyance, from any person except her husband. But as to real property, the husband, where no trust was created, had an estate during the coverture, and during his life, if there was issue of the marriage; and the wife’s personal estate, in the absence of a trust, vested in him absolutely, when reduced to his possession. The object of the statutes of-1848 and 1849 was to divest the title of the husband jure mariti during coverture, and to enable the wife to take the absolute…
2Cases cited1 opinion
- Allen v. CraryNew York Supreme Court · 1833
3Cited by79 opinions
- Queen Insurance v. YoungSupreme Court of Alabama · 1888
- Osborne v. . WilkesSupreme Court of North Carolina · 1891
- Campbell v. WhiteMichigan Supreme Court · 1871
- Buckley v. . WellsNew York Court of Appeals · 1865
- Campbell v. PeacockCourt of Appeals of Texas · 1915
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