Metropolitan Bank v. Taylor
Supreme Court of Missouri
Appeal from St. Louis Circuit Court. I. It is immaterial what the language of the deed, as at first drawn, was, but all the parties must be governed by the deed as amended by the decree. The words “sole and separate” are recognized by tlie law as expressly indicating tbe intention of tbe parties to exclude . marital rights.. (Wills vs. Sayers, 4 Madd. Ch. [R., 216; Clancy on [Rights, 263 ; 2 Story Eq. Juris., § 1382; Nix vs. Bradley, 6 [Rich.
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Appeal from St. Louis Circuit Court. I. It is immaterial what the language of the deed, as at first drawn, was, but all the parties must be governed by the deed as amended by the decree. The words “sole and separate” are recognized by tlie law as expressly indicating tbe intention of tbe parties to exclude . marital rights.. (Wills vs. Sayers, 4 Madd. Ch. [R., 216; Clancy on [Rights, 263 ; 2 Story Eq. Juris., § 1382; Nix vs. Bradley, 6 [Rich. Eq., 43 ; Goodrum vs. Goodrum, 8 Iredell Eq., 213.) II. A separate estate may be created in a feme sole in like manner as in a femme covert. (Tullett…
1Opinion of the CourtAdams, Judge
The defendants, Wm. E. Taylor and Lucy Gr. Taylor, are husband and wife.
The wife joined with her husband in the execution of a promissory note for $1,900, which is held by the plaintiff.
This suit was brought to subject to the payment of this note the interest of the wife in certain real estate situated in St. Louis, the legal title to which is vested in the defendant, Charles Bobb, as trustee for her and others.
The material question is, whether the interest of Mrs. Lucy Gr. Taylor is held by the trustee for her sole and separate use, so that she could in equity bind it for the payment of the.…
2Cited by9 opinions
- Metropolitan Bank v. TaylorSupreme Court of Missouri · 1876
- Richardson v. De GivervilleSupreme Court of Missouri · 1891
- Johnston v. GawtryMissouri Court of Appeals · 1882
- McKenzie v. DonnellSupreme Court of Missouri · 1899
- Meyers v. Van WagonerSupreme Court of Missouri · 1874
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