Wells v. L. N. Smith & Co.
Supreme Court of Georgia
Husband and wife. Principal and agent. Before Judge James Johnson. Muscogee Superior Court. November Term, 1874'. An execution in favor of Smith & Company against S. T. & H. P. Wells was levied upon certain personalty as the property of H. P. Wells. A claim thereto was interposed by his wife, Ella S. Wells.
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Husband and wife. Principal and agent. Before Judge James Johnson. Muscogee Superior Court. November Term, 1874'. An execution in favor of Smith & Company against S. T. & H. P. Wells was levied upon certain personalty as the property of H. P. Wells. A claim thereto was interposed by his wife, Ella S. Wells. Upon the trial of the issue thus formed the court charged the jury as follows: “That if it should appear from the testimony in this case that the claimant, Ella S. Wells, had trust property, the right to the use thereof being in her, and she permitted her husband, H. P. Wells, one of the…
1Opinion of the Court
McCay, Judge.
We see no reason why a married woman who has a separate estate, may not make her husband her agent He may make her his agent. He may be her trustee: Code, section 1759. We think the charge of the court was entirely too *264sweeping. Without doubt, if the wife let the husband have her money, and he bought property with it, in his own name, a purchaser from him, without notice, would be protected. But a creditor, unless he gives credit on the faith of the property, does not stand in the same situation. No property is, or ought to be, subject to a man’s debts, unless it be his, or…
2Cited by5 opinions
- Golden v. MedfordSupreme Court of Georgia · 1940
- Jackson v. FaverSupreme Court of Georgia · 1953
- Golden v. MedfordCourt of Appeals of Georgia · 1940
- Stripling v. Crisp County Lumber Co.Court of Appeals of Georgia · 1928
- Hall v. McLendonCourt of Appeals of Georgia · 1919