Lincoln v. Rowe
Supreme Court of Missouri
Error to Clay Circuit Court. The petition alleges that she signed the note. The chancellor will declare from the fact that the wife signs the note, that she meant to charge her separate estate. (2 Sto.
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Error to Clay Circuit Court. The petition alleges that she signed the note. The chancellor will declare from the fact that the wife signs the note, that she meant to charge her separate estate. (2 Sto. Eq., § 1401; Whitesides vs. Cannon, 23 Mo., 457.) It has been the uniform practice of our courts of equity in similar cases, to grant such relief as is asked by this bill, (Coats vs. Robinson, 10 Mo., 757; Whitesides vs. Cannon, 23 Mo., 457; Olaflin vs. Tan Wagoner, 32 Mo., 252; Schafroth Admr. vs. Ambs, 46 Mo., 114; Miller vs. Brown, 47 Mo., 504; Kimm vs. Weippert, 46 Mo., 532.) The petition…
1Opinion of the Court
Sherwood, Judge,
delivered the opinion of the court. •
This was a proceeding in the nature of a bill in chancery, brought by James E. Lincoln in the Circuit Court of Clay County, against Thomas Rowe, Nancy, his wife, and James M. Jones, trustee for said Nancy, to subject certain real estate to the payment of a debt.
The petition in substance charges, that Thomas Rowe was indebted to plaintiff, in about the sum of $150 ; that plaintiff brought suit, obtained judgment for such indebtedness, had execution issued and levied upon certain real estate, and when the same was sold thereunder, bought it…
2Cases cited4 opinions
- Whitesides v. CannonSupreme Court of Missouri · 1856
- Coats v. Robinson & HendleySupreme Court of Missouri · 1847
- Schafroth v. AmbsSupreme Court of Missouri · 1870
- Claflin v. Van WagonerSupreme Court of Missouri · 1862
3Cited by8 opinions
- Blair v. Chicago & Alton RailroadSupreme Court of Missouri · 1886
- Turner v. ShawSupreme Court of Missouri · 1888
- Barlow v. DelaneyU.S. Circuit Court for the District of Eastern Missouri · 1889
- Siemers v. KleeburgSupreme Court of Missouri · 1874
- Cadematori v. GaugerSupreme Court of Missouri · 1901
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