In re Alexander
Supreme Court of Iowa
Appeal from Montgomery District Gowrt. Wednesday, October 29. T. H. Alexander is the husband of Martha M. Alexander, and he becoming insolvent, made a general assignment under our State law for the benefit of his creditors.
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Appeal from Montgomery District Gowrt. Wednesday, October 29. T. H. Alexander is the husband of Martha M. Alexander, and he becoming insolvent, made a general assignment under our State law for the benefit of his creditors. The wife, M. M. Alexander, filed her claim which was based upon promissory notes executed by him to her as a creditor of her said husband ; other creditors contested her claim, and upon a hearing the district court adjudged that her claim should not be allowed. The adverse parties agreed upon the following facts as existing and affecting the matter in controversy, and upon…
1Opinion of the CourtCole, J.
It is not controverted that if T. H. Alexander and his wife had continued to reside in Illinois, the claims of the wife, as presented in this action, would have been fully and completely protected to her there by the statute of that State, referred to in the agreed statement of facts. Nor is there any controversy that the money loaned by the wife to the husband was her own separate property, derived from her father.
The single question presented is, whether a wife who has money in her own right, and loans it to her husband, taking his notes for it at the time of the loan, loses all right…
2Cited by5 opinions
- Davis v. SchwartzSupreme Court of the United States · 1895
- Payne v. WilsonSupreme Court of Iowa · 1888
- Crouse v. MorseSupreme Court of Iowa · 1878
- Blair State Bank v. BunnNebraska Supreme Court · 1901
- Heacock v. HeacockSupreme Court of Iowa · 1899