Minor v. Cardwell
Supreme Court of Missouri
Appeal from Daviess Circuit Court. The statutes of Kentucky, relied on by the plaintiffs, and which were read in evidence, were only intended to cause the slaves of a married woman, owned by her at the time of her marriage, or which came to her by gift, devise, &c., during coverture, to be held and taken to be real estate for certain specific purposes ; that is, “ that no slave shall be liable to the debts of her husband, or be attached, levied on, or sold for his debts,”…
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Appeal from Daviess Circuit Court. The statutes of Kentucky, relied on by the plaintiffs, and which were read in evidence, were only intended to cause the slaves of a married woman, owned by her at the time of her marriage, or which came to her by gift, devise, &c., during coverture, to be held and taken to be real estate for certain specific purposes ; that is, “ that no slave shall be liable to the debts of her husband, or be attached, levied on, or sold for his debts,” &c. It was not intended that the wife should hold the property as separate property, no title vesting in the husband, but…
1Opinion of the CourtWagner, Judge
The decision of this case rests on one single point. By the statute of Kentucky, of 1845-6, entitled “An act to further protect the rights of married women,” it was provided that the slave or slaves of a married woman should, after the passage of the act in that commonwealth, be held and taken to be real estate, in so far that no slave or slaves, or the increase thereof, which such married woman should have at the time of her marriage, or which should come, descend, or be devised to her during her coverture, should be liable for the debts of the husband, or be attached,levied on and sold for…
2Cases cited2 opinions
- Bank of Augusta v. EarleSupreme Court of the United States · 1839
- Armor v. His CreditorsSupreme Court of Louisiana · 1831
3Cited by6 opinions
- United States v. Becktold Co.Court of Appeals for the Eighth Circuit · 1942
- McDougal v. McDougalMissouri Court of Appeals · 1955
- In re Partnership Estate of Henry Ames & Co.Supreme Court of Missouri · 1873
- Higgins v. EatonCourt of Appeals for the Second Circuit · 1913
- Jerome P. Parker-Harris Co. v. StephensMissouri Court of Appeals · 1920
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