Powell v. Scott
Missouri Court of Appeals
Error to the Jackson Circioit Court. — Hon. R. H. Field, Judg (1) Only the separate estate of a married, woman can be subject to her contracts in equity, and the burden is on the plaintiff to show that any estate is her separate estate.
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Error to the Jackson Circioit Court. — Hon. R. H. Field, Judg (1) Only the separate estate of a married, woman can be subject to her contracts in equity, and the burden is on the plaintiff to show that any estate is her separate estate. As between the wife and the husband’s creditors or strangers, property may become the wife’s estate by acquiescence of the husband, but it does not become technical separate estate, and the husband merely waives his rights, which no one else can enforce, and this applies only to personal property. Earns v. Smith, 75 Mo. 219 ; Arnold v. Broekenbróiogh, 29 Mo.…
1Opinion of the CourtGill, J.
This is a suit in equity brought by plaintiff Rowell against the executor of his deceased wife, whereby it is sought to charge funds in the custody of said executor arising out of the sale of certain real estate owned by said wife at her death. On a trial had in the circuit court, there was a finding and judgment for defendant, and plaintiff brings the cause here by writ of error. The controversy arose from the following state of facts, which we shall state in' the most favorable aspect for the plaintiff. In the year 1882, the said Thetis A. Powell, wife of the plaintiff, had in her…
2Cases cited1 opinion
- Nicholson v. FlynnMissouri Court of Appeals · 1887