Tally v. Thompson
Supreme Court of Missouri
Error to Jackson Circuit Court. Petition by Tally and wife to enjoin the sale under an execution against Tally, of a slave, given to Tally’s wife upon her marriage. The marriage took-place in 1838. The debt upon which the judgment was rendered was contracted before the marriage. The judgment was rendered in 1843. The execution issued in 1853. The plaintiff was dead when the execution issued. These facts appear in the petition. A demurrer was filed and overruled.
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Error to Jackson Circuit Court. Petition by Tally and wife to enjoin the sale under an execution against Tally, of a slave, given to Tally’s wife upon her marriage. The marriage took-place in 1838. The debt upon which the judgment was rendered was contracted before the marriage. The judgment was rendered in 1843. The execution issued in 1853. The plaintiff was dead when the execution issued. These facts appear in the petition. A demurrer was filed and overruled. The act of 1849 was only intended to operate upon such debts and liabilities as accrued after the passage of the act. Where a…
1Opinion of the Court
Ryland, Judge.
The question in this case is, whether the act of 5th March, 1849, concerning married women, and entitled “ An act to amend an act entitled ‘ An act to regulate executions,’ ” exempting certain property of the wife from certain debts of the husband, is designed to operate upon the debts *278and liabilities of the husband existing before the passage of the act, or only on such as accrued after the passage of the act.
This very question was settled by this court at the last term at St. Louis, in the case of Cunningham v. Gray.
It was held that the act had no effect on debts and…
2Cited by2 opinions
- Leete v. State Bank of St. LouisSupreme Court of Missouri · 1893
- Meyers v. GaleSupreme Court of Missouri · 1870