McElhaney v. McElhaney
Supreme Court of Iowa
Appeal from Plymouth District Court.— Hon. John F. Oliver, Judge. Suit in equity to enforce a written agreement entered into by the plaintiff and defendant, who were at the time it was executed, and are now, husband and wife.
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Appeal from Plymouth District Court.— Hon. John F. Oliver, Judge. Suit in equity to enforce a written agreement entered into by the plaintiff and defendant, who were at the time it was executed, and are now, husband and wife. It is as follows: “November 2, 1883. It is hereby agreed between Thomas S. McElhaney and his wife, Minerva E. McElhaney : Whereas, the said wife having in her possession at the time of their marriage the sum of $1,000 (one thousand dollars), and the said Thomas S. McElhaney disposing of the same, do think it just and right that she, Minerva E. McElhaney, shall have half…
1Opinion of the CourtSherwin, J.
1. Husband and wife: division of property by contract. There is practically no dispute over the facts in this case. The parties were married in 1871, and prior to 1883 the plaintiff had furnished the defendant inoney from her separate estate which he. had in his business, and for which he was in(j€hted to her at the time the contract was executed. The contention of the appellee is that the wife cannot maintain this action, because it is not one relating to her separate property; and furthermore, that if the contract be held enforceable as to the personal property, it is void as to the land…
2Cases cited10 opinions
- Myers v. CroftSupreme Court of the United States · 1872
- Hanson v. ManleySupreme Court of Iowa · 1887
- Heacock v. HeacockSupreme Court of Iowa · 1899
- Oaks v. HeatonSupreme Court of Iowa · 1876
- Doyle v. McGuireSupreme Court of Iowa · 1874
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3Cited by5 opinions
- Woodward v. United StatesDistrict Court, N.D. Iowa · 1952
- Truax v. EllettSupreme Court of Iowa · 1944
- Hoefer v. ProbascoSupreme Court of Oklahoma · 1921
- Wheeler v. WidenerSupreme Court of Oklahoma · 1919
- Fagan v. FaganSupreme Court of Iowa · 1919