Whitesides v. Cannon
Supreme Court of Missouri
Error to St. Louis Land Court. The petition sets forth substantially that on the 7th of January, 1858, J. M. Cannon, one of defendants, without any valuable consideration, conveyed to his wife, Ann F. M. Cannon, certain real estate, “ for her sol.e and separate use and benefit;” that on the 18th day of May, 1853, Louis 0. Smith conveyed a tract of land in St. Louis county to L. M. Shreve, also a party defendant to this suit, “ in trust for the sole, separate and exclusive…
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Error to St. Louis Land Court. The petition sets forth substantially that on the 7th of January, 1858, J. M. Cannon, one of defendants, without any valuable consideration, conveyed to his wife, Ann F. M. Cannon, certain real estate, “ for her sol.e and separate use and benefit;” that on the 18th day of May, 1853, Louis 0. Smith conveyed a tract of land in St. Louis county to L. M. Shreve, also a party defendant to this suit, “ in trust for the sole, separate and exclusive use and benefit of the defendant Ann M. F. Cannon, apart from any control whatever of her husband;” that on the 6th of…
1Opinion of the CourtLeonard, Judge
The question here is, as to the liability in equity of a marrie d woman’s separate estate to the payment of her debts. This species of property, whether in things real or personal, is ex*460clusively the creature of a court of equity ; and before we express our opinion on the question now before us, it may not be out of place to refer to its origin, gradual development and present state in English equity law.
Whenever a teust is created, the property affected by it is subjected to a double ownership — the legal ownership in the trustee, and an equitable ownership in the cestui que tntst — the…
2Cases cited4 opinions
- Rodebaugh v. SanksSupreme Court of Pennsylvania · 1833
- Coats v. Robinson & HendleySupreme Court of Missouri · 1847
- Forrest v. RobinsonSupreme Court of Alabama · 1836
- Wallace v. CostonSupreme Court of Pennsylvania · 1839
3Cited by30 opinions
- Blair v. Chicago & Alton RailroadSupreme Court of Missouri · 1886
- Radford v. CarwileWest Virginia Supreme Court · 1879
- Turner v. ShawSupreme Court of Missouri · 1888
- Garvin v. WatkinsSupreme Court of Florida · 1892
- Kimm v. WeippertSupreme Court of Missouri · 1870
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