Kirby v. Bruns
Supreme Court of Missouri
Error to First District Court. I. This expenditure by Bruns was a settlement on his wife, and he being at the time in debt, the settlement was a nullity. (Reader. Livingston, 5 Johns. Ch. 504; Sto. Eq. 355, 357, 359, 368 ; How & Wallace v. Waysman et al., 12 Mo. 171-4 ; Beach & Eddy v. Baldwin, 14 Mo. 597-8 ; Pawley v. Yogel, 42 Mo. 303 ; Tyler on Married Women, etc., 641; Mcllvaine v. Smith, 42 Mo. 45, 58, 59.) II.
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Error to First District Court. I. This expenditure by Bruns was a settlement on his wife, and he being at the time in debt, the settlement was a nullity. (Reader. Livingston, 5 Johns. Ch. 504; Sto. Eq. 355, 357, 359, 368 ; How & Wallace v. Waysman et al., 12 Mo. 171-4 ; Beach & Eddy v. Baldwin, 14 Mo. 597-8 ; Pawley v. Yogel, 42 Mo. 303 ; Tyler on Married Women, etc., 641; Mcllvaine v. Smith, 42 Mo. 45, 58, 59.) II. Though the title to the land may have been in the wife of Bruns, yet if he, while in debt, used the money that should have gone to his creditors in putting improvements on that…
1Opinion of the CourtCurrier, Judge
The petition in this cause contains two counts — one in ejectment, and one in equity. No issues were framed under the equity count for submission to a jury, but a jury trial was had, as in an ordinary action at law. The plaintiffs insist, nevertheless, that the trial was in fact upon the equity count alone; and on that they now seek to stand, rejecting as superfluous the law branch of the case. The suit involves the title to certain premises in Jefferson City. The equity count charges that the original lot, without improvements thereon, was acquired with the funds and means of the defendant,…
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