Holthaus v. Hornbostle
Supreme Court of Missouri
fljppeal from, Buchanan Circuit Court. I. By the common law, the husband, by marriage, acquired an absolute title to "all personal property belonging to the wife, and to all personal property subsequently acquired by the wife during coverture. (Reeves Horn. Eel., 1.) The common law has been modified by the statute exempting from attachment or levy of execution for the sole debts of the husband, the rents, issues and products of the real estate of any married woman (Wagn.
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fljppeal from, Buchanan Circuit Court. I. By the common law, the husband, by marriage, acquired an absolute title to "all personal property belonging to the wife, and to all personal property subsequently acquired by the wife during coverture. (Reeves Horn. Eel., 1.) The common law has been modified by the statute exempting from attachment or levy of execution for the sole debts of the husband, the rents, issues and products of the real estate of any married woman (Wagn. Stat., 935, § 14); also personal property consisting of stocks and bonds, given by a parent to a daughter. (Wagn. Stat.,…
1Opinion of the CourtHough, Judge
The complainants'are husband and wife, and obtained, in the Circuit Court of Buchanan County, an injunction perpetually restraining the defendant from proceeding to sell under an execution in his favor, and against the husband, certain personal property claimed by the wife, as her separate estate.
It appears from the record, that the complainants were married in 1862, and lived in Atchison, Kansas, and that the husband, who was a baker and confectioner, was then possessed of considerable real estate and personal property ; that in the year 1870 he failed in business, and after surrendering all…
2Cases cited1 opinion
- Woodford v. StephensSupreme Court of Missouri · 1873
3Cited by7 opinions
- McCoy v. HyattSupreme Court of Missouri · 1883
- First National Bank v. SimpsonSupreme Court of Missouri · 1899
- Botts v. GoochSupreme Court of Missouri · 1888
- McFerran v. KinneyMissouri Court of Appeals · 1886
- Roberts v. WalkerSupreme Court of Missouri · 1890
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