Logan v. Thrift
Ohio Supreme Court
Appeal. Reserved in the district court of Knox county. The petition avers that on March 8,1855, the defendants executed and delivered to the plaintiffs intestate, their joint and several note for $242.00, payable in one year from date; that Amanda Thrift is the wife of Absalom Thrift, her co-defendant ; that at the time she executed the note with her husband, she held, and still holds, to her separate use, real estate which is described in the petition; that by the execution…
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Appeal. Reserved in the district court of Knox county. The petition avers that on March 8,1855, the defendants executed and delivered to the plaintiffs intestate, their joint and several note for $242.00, payable in one year from date; that Amanda Thrift is the wife of Absalom Thrift, her co-defendant ; that at the time she executed the note with her husband, she held, and still holds, to her separate use, real estate which is described in the petition; that by the execution of the note she intended to charge its payment on her separate real estate; and that her husband was insolvent, which…
1Opinion of the CourtDay, J.
The action was brought to charge the separate property of a married woman with the payment of the amount due to the plaintiff on a promissory note which she signed with her husband. It is not claimed that she is personally liable on the note, nor that its payment can be charged upon her general property. But it is claimed that, by reason of her dominion over her separate property, she may charge her separate estate with the payment of money, and that the execution of the note with her husband, in equity, had that effect.
’ Since, then, the claim of the plaintiff (if it can be maintained at…
2Cases cited1 opinion
- Jenney v. GrayOhio Supreme Court · 1855