Legal Opinion

Kaufman v. Whitney

Mississippi Supreme Court

Decided April 15, 1874PublishedCited by 10 opinions

Appeal from the chancery court of Jefferson County. Hon. James M. Ellis, Chancellor. The opinion of the court contains a sufficient statement of the-case. 1. Insisted that the claims of the appellee did not come within the provisions of the act of February 19, 1867, in relation to married women. The act applies only to conversions subsequent to-the passage of the act, and can not affect prior acts of conversion and appropriation by the husband. 1 Black. Com., 46 ; Ledg.

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Appeal from the chancery court of Jefferson County. Hon. James M. Ellis, Chancellor. The opinion of the court contains a sufficient statement of the-case. 1. Insisted that the claims of the appellee did not come within the provisions of the act of February 19, 1867, in relation to married women. The act applies only to conversions subsequent to-the passage of the act, and can not affect prior acts of conversion and appropriation by the husband. 1 Black. Com., 46 ; Ledg. Stat.,. 190; Grarrelt v. Beaumont, 24 Miss., 379. The bill is defective and totally insufficient, in not showing the precise…

1Opinion of the CourtSlMRALL, J.

This contestation arises on these facts : February 25, 1869, J. J. Whitney conveyed to Josephine, his wife, the tract of land the subject of this suit, for the consideration of $2,500 ; recited in the *107deed to have been seized by him as the separate property of his wife, but used for his own purposes. The conveyance was in liquidation and satisfaction'of the indebtedness. This deed was filed for record on the day of its date.

M. Kaufman, the appellant, recovered a judgment the 22d of November, 1870, against J. J. Whitney for a thousand dollars ; under his execution he caused this tract of land…

2Cases cited4 opinions

  1. Ratcliffe v. DoughertyCourt of Appeals of Mississippi · 1852
  2. L. M. Wiley & Co. v. GrayMississippi Supreme Court · 1858
  3. Clements v. BrownMississippi Supreme Court · 1856
  4. Butterfield v. StantonMississippi Supreme Court · 1870

3Cited by10 opinions

  1. Burks v. MoodyMississippi Supreme Court · 1926
  2. Howell v. General Contract Corp.Mississippi Supreme Court · 1957
  3. Morris v. WestermanWest Virginia Supreme Court · 1917
  4. Brooks ex rel. Nugent v. SheltonMississippi Supreme Court · 1877
  5. Oberlin v. OberlinMississippi Supreme Court · 1947

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