Legal Opinion

D. M. Osborne & Co. v. Graham

Missouri Court of Appeals

Decided May 25, 1891PublishedCited by 2 opinions

Appeal from the Audrain Circuit Court. — Hon. E. M. Hughes, Judge. (1) The products of the wife’s lands may be levied upon for a debt made by the husband for the . cultivation of such, lands. R. S. 1889, sec. 6868; R. S. 1879, sec. 3295. (2) Cultivation includes reaping and sowing crops. See the terms agriculture and cultivation, Anderson’s Dictionary of Law. (3) The proper proceeding was a suit against the wife to subject the products of her lands to payment of this debt.

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Appeal from the Audrain Circuit Court. — Hon. E. M. Hughes, Judge. (1) The products of the wife’s lands may be levied upon for a debt made by the husband for the . cultivation of such, lands. R. S. 1889, sec. 6868; R. S. 1879, sec. 3295. (2) Cultivation includes reaping and sowing crops. See the terms agriculture and cultivation, Anderson’s Dictionary of Law. (3) The proper proceeding was a suit against the wife to subject the products of her lands to payment of this debt. State to %ise v. Armstrong, 25 Mo. App. 532; Gabriel v. Mullin, 30 Mo. App. 464; Bedsworth v. Bowman, 31 Mo. App. 116.

1Opinion of the CourtSmith, P. J.

This suit was brought in the circuit court of Audrain county by the plaintiff to have the amount of two judgments declared a lien and charge upon 1 ‘ the crop of oats, hay, corn and other crops upon the lands” of the defendant, M. J. Graham, a married woman, and the wife of the other defendant. The petition alleged that on the ninth of July, 1884, plaintiff was a corporation, and that the defendants, husband and wife, were residing and engaged in farming on one hundred and sixty acres of land in Audrain county belonging to the wife; and that on the said date defendant, C. L. Graham, bought of…

2Cases cited3 opinions

  1. Ravisies v. Stoddart & Co.Supreme Court of Alabama · 1858
  2. Pippin v. Jones & Co.Supreme Court of Alabama · 1875
  3. Gabriel v. MullenMissouri Court of Appeals · 1888

3Cited by2 opinions

  1. Grimes v. WhitesidesMissouri Court of Appeals · 1896
  2. Megraw v. WoodsMissouri Court of Appeals · 1902

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