Hatch v. Gray
Supreme Court of Iowa
Appeal from Lee District Court. The defendants, E. P. Gray and Elizabeth Gray, are husband and wife, and were married prior to 1851. On tbe first day of May, 1851, and while they were residing in Iowa, the wife was the owner and holder of a note for twenty-eight hundred 'dollars, made by a man in Cincinnati, Ohio. She acquired the note by descent from her father’s estate, he having died in Ohio.
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Appeal from Lee District Court. The defendants, E. P. Gray and Elizabeth Gray, are husband and wife, and were married prior to 1851. On tbe first day of May, 1851, and while they were residing in Iowa, the wife was the owner and holder of a note for twenty-eight hundred 'dollars, made by a man in Cincinnati, Ohio. She acquired the note by descent from her father’s estate, he having died in Ohio. On the date last mentioned she let her husband have the note and he went to Cincinnati and collected it. She testifies that These facts appear alone by the deposition of the wife, Elizabeth Gray. ' In…
1Opinion of the CourtCole, J.
i. husband toe: equity. ' At the time the wife delivered the note to the husband, and when he received the money thereon in Cincinnati, Ohio, in May, 1851, the rule of the common law as to the rights of property between husband and wife. obtained, both in Ohio and Iowa. By that law the personal property and choses in action of the wife, vested absolutely in the husband, upon reduction to possession by him. By the Code of 1851, which took effect on the first day of July of that year, it was provided by section 1447, that “ the personal property of the wife does not vest at once in the husband,…
2Cases cited2 opinions
- Wright v. WrightSupreme Court of Iowa · 1864
- McCrory v. FosterSupreme Court of Iowa · 1855
3Cited by1 opinion
- Nicholas & Shepard v. HigbySupreme Court of Iowa · 1872