Case v. Espenschied
Supreme Court of Missouri
Appeal from, St. Louis City Circuit Court. — lion. FrankUn Ferris, Judge. (1) The note and. deed of trust in controversy, having been executed in favor of the appellant by the .direction of her husband, and having been delivered and given to her by her husband, were prima facie a gift to her from her husband, - and thereby became .the separate property of the appellant.
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Appeal from, St. Louis City Circuit Court. — lion. FrankUn Ferris, Judge. (1) The note and. deed of trust in controversy, having been executed in favor of the appellant by the .direction of her husband, and having been delivered and given to her by her husband, were prima facie a gift to her from her husband, - and thereby became .the separate property of the appellant. Richardson v. Lowry, 67 Mo. 411; Schuster v. Schuster, 93 Mo. 438; Gilliland v. Gilliland, 96 Mo. 522; Thomas v. Thomas, 107 Mo. 459; Ilgenfritz v. Ilgenfritz, 116 Mo. 429; Curd v. Brown, 148 Mo. 82 ; Bank v. Simpson, 152 Mo.…
1Opinion of the CourtMaeshall, J.
— This is an action by replevin, without bond, to recover a note for six thousand dollars, made by Benjamin E. Lockhart, on September 5, 1895, to the order ■of the plaintiff, and secured by a deed of trust, in her favor, upon a certain tract of land, in United States Survey 890, in ■St. Louis coxinty, containing 78.22 acres.
The petition is in the usual form, and the answer is a .general denial.
At the close of the case the trial court, apparently ex mero motu, for no request therefor by either party appears in the record, as is the necessary prerequisite to a special finding of fact under…
2Cases cited10 opinions
- Curd v. BrownSupreme Court of Missouri · 1899
- Gilliland v. GillilandSupreme Court of Missouri · 1888
- Thomas v. ThomasSupreme Court of Missouri · 1891
- Winn v. RileySupreme Court of Missouri · 1899
- Schuster v. SchusterSupreme Court of Missouri · 1887
5 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Craig v. BradleyMissouri Court of Appeals · 1911
- Estate of Martin v. MartinMissouri Court of Appeals · 1924
- Hax v. O'DonnellMissouri Court of Appeals · 1938
- Murray v. ThompsonTennessee Supreme Court · 1916
- Case v. EspenschiedSupreme Court of Missouri · 1905
4 more not listed; retrieve them via the Exa API.