Buck v. Ashbrook

This was a proceeding in the nature of suit in equity, instituted by Victor B. Buck, in the Buchanan court of common pleas, against Malón Ashbrook and Mary Ann Ashbrook his wife, to subject certain real estate, the legal title whereof was in the wife, to the debts of her husband. There is but one cause of action stated in the petition, and the court erred, in requiring the plaintiff’ to elect upon which cause he would proceed.

During the progress of the trial, however, the defendants offered to prove by Mary Ann. Ashbrook who was introduced *540and sworn as a witness, “ that she did not have the…