McFerran v. Kinney
Missouri Court of Appeals
Appeal from Caldwell Circuit Court, Hon. E. Broaddus, Special Judge. The case and facts are stated in tlie opinion of' the-court. I. Husband may make a reasonable provision for his wife out of his estate. Wood v. Bradley, 76 Mo. 23; Moore v. Page, 111 U.S. 117. II. If the wife is allowed to manage and deal with the property as her own, and the husband assents to and recognizes it as hers, it becomes her separate estate.
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Appeal from Caldwell Circuit Court, Hon. E. Broaddus, Special Judge. The case and facts are stated in tlie opinion of' the-court. I. Husband may make a reasonable provision for his wife out of his estate. Wood v. Bradley, 76 Mo. 23; Moore v. Page, 111 U.S. 117. II. If the wife is allowed to manage and deal with the property as her own, and the husband assents to and recognizes it as hers, it becomes her separate estate. Welch v. Welch, 63 Mo. 57 ; Coughlan v. Ryan, 43 Mo. 99; McCoy v. Hyatt, 80 Mo. 135; Holthaus v. Hornbostle, 60 Mo. 430; State v. Chatham National Bank, 10 Mo. App. 482. If he…
1Opinion of the CourtPhilips, P. J.
Respondents, plaintiffs below, sued the defendant, Patrick Kinney, by attachment, under which certain personal property, consisting of cows, horses, and a crop of hay and corn, were seized by the sheriff' as the property of said defendant. Elizabeth Kinney, the wife of the defendant, interpleaded, claiming the attached property as her separate property. On a trial before a jury the issues were decided in favor of plaintiffs. The interpleader has appealed.
The issues having been tried on the law side of the court by a jury, the only questions for our consideration are as to the correctness of…
2Cases cited15 opinions
- Walker v. OwenSupreme Court of Missouri · 1883
- Weil v. SimmonsSupreme Court of Missouri · 1877
- McCoy v. HyattSupreme Court of Missouri · 1883
- Ryder v. . HulseNew York Court of Appeals · 1862
- Sloan v. TorrySupreme Court of Missouri · 1883
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3Cited by4 opinions
- Harmon v. MorrisMissouri Court of Appeals · 1887
- McClain v. AbshireMissouri Court of Appeals · 1895
- Fretz v. RothNew Jersey Court of Chancery · 1905
- Smelser v. MeierSupreme Court of Missouri · 1917