Rosenheim v. Hartsock
Supreme Court of Missouri
Appeal from Linn Circuit Court. — S. P. Ho us ton,, Esq., Special Judge. (1) The contract of a married woman for goods sold- and delivered is not a present lien on her separate estate, but is only made so by decree to that effect-Kelley on Contracts of Married Women, p. 238, p. 250, note 1, p. 284, note 1, p. 285 ; Com. Exchange v. Babcock, 42 N. Y. 613 ; Armstrong v. Boss, 20 N. J. Eq. 109 ; 12 Cent.
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Appeal from Linn Circuit Court. — S. P. Ho us ton,, Esq., Special Judge. (1) The contract of a married woman for goods sold- and delivered is not a present lien on her separate estate, but is only made so by decree to that effect-Kelley on Contracts of Married Women, p. 238, p. 250, note 1, p. 284, note 1, p. 285 ; Com. Exchange v. Babcock, 42 N. Y. 613 ; Armstrong v. Boss, 20 N. J. Eq. 109 ; 12 Cent. Law Jour. 289 ; Davis v. Smith, 75 Mo. 225 ; Klenke v. Koeltze, 75 Mo. 239 ; Freeman on Judg. 196. (2) The judgment is a general judgment against a married woman, and is void. St. Louis to use,…
1Opinion of the CourtSherwood, J.
—Ejectment for south half of northwest quarter of section 1, township 57, range 19, Linn county. -Pleading in usual form. Both parties claim title under Julia McQuarters, a married woman. The case was tried on this agreed statement of facts :
That Mrs. McQuarters obtained credit with plaintiffs, merchants in St. Louis, for a stock of goods ; that when the debt became due and was unpaid, plaintiffs filed and recorded the equitable statutory notice in the recorder ’ s office in Linn county, as follows :
*360“Mathilda Rosenheim, Leo Levis, Plaintiffs,
vs.
“Julia McQuarters, Jno. McQuarters, Sarah A.…
2Cases cited9 opinions
- Hardin v. LeeSupreme Court of Missouri · 1873
- Gray v. BowlesSupreme Court of Missouri · 1881
- Miller v. BrownSupreme Court of Missouri · 1871
- O'Reilly v. NicholsonSupreme Court of Missouri · 1869
- McIlwrath v. HollanderSupreme Court of Missouri · 1880
4 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- O'Brien v. People ex rel. Kellogg Switchboard & Supply Co.Illinois Supreme Court · 1905
- Foltz v. St. Louis & S. F. Ry. Co.Court of Appeals for the Eighth Circuit · 1894
- Board of Com'rs v. PlattCourt of Appeals for the Eighth Circuit · 1897
- Tube City Mining & Milling Co. v. OttersonArizona Supreme Court · 1914
- Hope v. BlairSupreme Court of Missouri · 1891
18 more not listed; retrieve them via the Exa API.