Arnold v. Elkins
Mississippi Supreme Court
From the chancery court of Webster county. IIon. Baxter McFarland, Chancellor. This bill was filed by S. E. Elkins against F. N. Arnold, to enjoin the sale under execution of a steam engine and fixtures, including a gin feeder and. wagon scales. These articles had been levied upon under a judgment in favor of Arnold against the husband of plaintiff, and are claimed by the latter as her separate property.
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From the chancery court of Webster county. IIon. Baxter McFarland, Chancellor. This bill was filed by S. E. Elkins against F. N. Arnold, to enjoin the sale under execution of a steam engine and fixtures, including a gin feeder and. wagon scales. These articles had been levied upon under a judgment in favor of Arnold against the husband of plaintiff, and are claimed by the latter as her separate property. The proof showed that the steam engine was purchased by the husband, but was permanently affixed to the land upon which they lived, the title to which was in Mrs. Elkins. The husband paid for…
1Opinion of the CourtCooper, J.
The circumstance that, in buying the machinery from Lusk, Elkins did not disclose the fact that he was acting for his wife, does not preclude her in a controversy with others than the seller from showing the truth. On the facts shown, we think that, as between the husband and the wife, this property would be held to be hers; and, in the absence of any circumstances changing the rule, it is also applicable as against the creditors of the husband.
But the facts relative to the purchase of and payment for the feeder and scales make them, when bought, the property of the husband. He bought them on…
2Cases cited1 opinion
- Montgomery v. ScottMississippi Supreme Court · 1883