Terry v. Wilson
Supreme Court of Missouri
Appeal from Jefferson Circuit Court. I. In the absence of fraud, the deed of trust read in evidence conveyed the legal title to the property in controversy. II. A husband can bind himself in equity by borrowing money from his wife, and giving her his note for it.
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Appeal from Jefferson Circuit Court. I. In the absence of fraud, the deed of trust read in evidence conveyed the legal title to the property in controversy. II. A husband can bind himself in equity by borrowing money from his wife, and giving her his note for it. (Huber vs. Huber, 10 Ohio, 871; Manning vs. Style, 8 P. Williams, 837 ; Maraman’s Adm’r vs. Maraman, 4 Mete. [N. Y.] 84 ; Deming vs. Williams, 26 N. II. 226 ; Wood vs. Warden, 20 Ohio, 518 ; Doyle vs. McGuire, 38 Iowa, 410 ; see also, 2 Sto. Eq. §§1372, 1373, 1380 ; 2 Kent Com. 147, 154, 163.) HI. Gibson never reduced the money and…
1Opinion of the CourtHough, Judge
This was an action under the statute in relation to the claim and delivery of personal property.
On the 17th day of April, 1871, R. W. Gibson executed and delivered to his wife, Parolee Gibson, his promissory notp for the sum of $3,000, payable one year after date, and to secure the payment thereof, executed on the same day a deed. of trust, in which his wife joined, whereby he conveyed to the plaintiff, Terry, as trustee, one hundred and sixty acres of land, a number *497of horses, mules and other live stock and certain farming implements, with power to sell the same in event of default in the…
2Cases cited1 opinion
- Deming v. WilliamsSupreme Court of Connecticut · 1857
3Cited by8 opinions
- Chapman v. McIlwrathSupreme Court of Missouri · 1882
- Hart v. LeeteSupreme Court of Missouri · 1891
- Sloan v. TorrySupreme Court of Missouri · 1883
- Roberts v. WalkerSupreme Court of Missouri · 1884
- First National Bank v. FrySupreme Court of Missouri · 1902
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