Botts v. Gooch
Supreme Court of Missouri
Error to Linn Circuit Court. — Hon. W. H. Brownlee, Special Judge. A husband, under the common law, could waive the assertion of his marital rights to personal property owned by his wife at the marriage, or which might come to or be acquired by her thereafter, and it was competent for the married woman to hold and own the personal property, absolutely, that came to her by gift or otherwise, separate and apart from her husband’s property and for herself, as well under the…
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Error to Linn Circuit Court. — Hon. W. H. Brownlee, Special Judge. A husband, under the common law, could waive the assertion of his marital rights to personal property owned by his wife at the marriage, or which might come to or be acquired by her thereafter, and it was competent for the married woman to hold and own the personal property, absolutely, that came to her by gift or otherwise, separate and apart from her husband’s property and for herself, as well under the common law as since under the married woman’s act of March 25, 1875. Hale v. Coe, 49 Mo. 181; Cox v. Cox, 91 Mo. 71; Clark…
1Opinion of the CourtBlack, J.
The plaintiff Seth Botts, recovered a judgment against the defendant Joseph Gooch, in 1873, for $1,086, and in the latter part of 1882 he purchased, at a sale under an execution issued on the judgment, a lot in Meadville and two forty-acre tracts of land. The title to this property was in the defendant Nancy Gooch, who is the wife of defendant Joseph Gooch. It is alleged that the property was purchased and paid for by Joseph, and that he had the same conveyed to his wife to defraud his creditors. The prayer of tie petition is, that the title be invested in the plaintiff. The defense is, that…
2Cases cited3 opinions
- McCoy v. HyattSupreme Court of Missouri · 1883
- Welch v. WelchSupreme Court of Missouri · 1876
- Holthaus v. HornbostleSupreme Court of Missouri · 1875
3Cited by13 opinions
- Hart v. LeeteSupreme Court of Missouri · 1891
- Foley v. HarrisonSupreme Court of Missouri · 1911
- Thomas v. ThomasSupreme Court of Missouri · 1891
- Grimes v. ReynoldsSupreme Court of Missouri · 1904
- Grimes v. ReynoldsMissouri Court of Appeals · 1902
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