DeBaun v. Van Wagoner
Supreme Court of Missouri
Appeal from St. Louis Circuit Court. It does not appear that appellant intended to bind her separate estate. It clearly appears that she did not. I. She cannot charge her property, except when the intention so to do is clear and unequivocal, and only then where the contract is for her personal benefit or advantage, or for the benefit or advantage of her separate property.
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Appeal from St. Louis Circuit Court. It does not appear that appellant intended to bind her separate estate. It clearly appears that she did not. I. She cannot charge her property, except when the intention so to do is clear and unequivocal, and only then where the contract is for her personal benefit or advantage, or for the benefit or advantage of her separate property. She cannot encumber her separate estate for the debt of another (Kimm vs. Weippert, 46 Mo., 532; Hartman vs. Ogborn 54 Renn. St., 120; Lawrence vs. Finch, 2 Green [N. J.j 234'; Smith vs. Allen, 1 Lans. [N. Y.,] 101;…
1Opinion of the CourtSherwood, Judge
This was a proceeding in the nature of a bill in equity, to subject the separate estate of a married woman to sale. The petition in substance alleges: That Mrs. Yan Wagoner was possessed of certain real estate, situate in the city of St. Louis, to and for her sole use; that John M. Krum was the trustee, in whom was vested, for the exclusive benefit of Mrs. Yan Wagoner, the legal title to said estate; that said cestui que trust claimed an interest in certain leasehold property, and, as ah inducement to plaintiff to purchase the same, promised in writing that, if he would do so, she would pay…
2Cited by5 opinions
- Turner v. ShawSupreme Court of Missouri · 1888
- Barlow v. DelaneyU.S. Circuit Court for the District of Eastern Missouri · 1889
- Cadematori v. GaugerSupreme Court of Missouri · 1901
- Gay v. IhmSupreme Court of Missouri · 1879
- Martin v. ColburnSupreme Court of Missouri · 1885