Johnston v. Johnston
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — flore. Wm. Zachritz, Judge. (1) Personal savings and profits made by the wife in her domestic management, which her husband allows her to apply to her own separate use, will be held to vest in her against the claim of the husband. Gentry v. McReynolds, 12 Mo. 533; Welch v. Welch, 63 Mo. 60; McCoy v. Hyatt, 80 Mo. 135; Thomas v. Thomas, 107 Mo. 462; 2 Story’s Eq. Jur., sec. 1375; Ingalls v. Ferguson, 59 Mo.
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Appeal from St. Louis City Circuit Court. — flore. Wm. Zachritz, Judge. (1) Personal savings and profits made by the wife in her domestic management, which her husband allows her to apply to her own separate use, will be held to vest in her against the claim of the husband. Gentry v. McReynolds, 12 Mo. 533; Welch v. Welch, 63 Mo. 60; McCoy v. Hyatt, 80 Mo. 135; Thomas v. Thomas, 107 Mo. 462; 2 Story’s Eq. Jur., sec. 1375; Ingalls v. Ferguson, 59 Mo. App. 308; s. c., 138 Mo. 365; Stanning v. Style, 3 Peere Williams 337; 2 Roper, Hush, and Wife, 137; Mangey v. Hungerford, 2 Eq. Oases Abr. 156.…
1Opinion of the CourtMarshall, J.
This is a bill in equity, the purpose of which is to establish a resulting trust in favor of the plaintiffs, in lots 13 to 16 inclusive, in city block 968, in the city of St. Louis, having an aggregate front, on the south line of Stoddard street, of 110 feet. The circuit court dismissed the bill and the plaintiffs appealed.
The undisputed facts in this case are as follows:
The plaintiffs are the children (and their husbands) of the defendant, Daniel Johnston, and his former wife, Mary. Ann Johnston, nee Fury. The defendants are, the said Daniel Johnston, and his third wife, Mary Ann Theresa…
2Cases cited17 opinions
- Hall v. StephensSupreme Court of Missouri · 1877
- Leete v. State Bank of St. LouisSupreme Court of Missouri · 1893
- Wait v. BoveeMichigan Supreme Court · 1877
- Bains v. BullockSupreme Court of Missouri · 1895
- Thomas v. ThomasSupreme Court of Missouri · 1891
12 more not listed; retrieve them via the Exa API.
3Cited by42 opinions
- Frost v. FrostSupreme Court of Missouri · 1906
- Longacre v. KnowlesSupreme Court of Missouri · 1960
- McKee v. DowningSupreme Court of Missouri · 1909
- Bussen v. Del CommuneMissouri Court of Appeals · 1947
- In Re Gerling's EstateSupreme Court of Missouri · 1957
37 more not listed; retrieve them via the Exa API.