Legal Opinion

Sumner v. McCray

Supreme Court of Missouri

Decided May 15, 1875PublishedCited by 2 opinions

Appeal from Caldwell Circuit Court. I. Our statute does not restrain the husband from collecting-in and reducing to possession the choses in action of his wife. (Boyce vs. Cayce, 17 Mo., 47; Clark vs. Bank, 47 Mo., 17.) And it makes no difference whether the money or bond arises from the sale of her land or other property.

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Appeal from Caldwell Circuit Court. I. Our statute does not restrain the husband from collecting-in and reducing to possession the choses in action of his wife. (Boyce vs. Cayce, 17 Mo., 47; Clark vs. Bank, 47 Mo., 17.) And it makes no difference whether the money or bond arises from the sale of her land or other property. (Tillman vs. Tillman, 50 Mo., 40.) If there is no particular agreement on the subject, but she voluntarily parts with her land and permits the cash avails of it to go into his hands, this cash is like any other which he receives during the coverture from her, absolutely…

1Opinion of the CourtWagner, Judge

On a judgment in favor of plaintiff, against one Westcomb, defendant was summoned as garnishee. In his answer he stated that he had received a check from Westcomb, but was informed that it was the property of Westcomb’s wife. Whether it was hers or not, so as to be liable for her husband’s debts or otherwise, was. the issue submitted to the court.

*494The evidence all showed that the money which the check represented was derived from the sale of land belonging to her in the State of Indiana ; that the land was purchased by her with her own money long before her marriage, and that it was sold…

2Cited by2 opinions

  1. Sloan v. TorrySupreme Court of Missouri · 1883
  2. Sheley v. SampsonCourt of Appeals of Kansas · 1896

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