White v. Clasby
Supreme Court of Missouri
Appeal from Vernon Circuit Court. — Hon. Chas. G-Burton, Judge. (1) In a contest between the creditors of the husband and the wife, there is and there should be a presumption against her which she must overcome by-affirmative proof, and recent married woman’s statutes have not changed this rule.
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Appeal from Vernon Circuit Court. — Hon. Chas. G-Burton, Judge. (1) In a contest between the creditors of the husband and the wife, there is and there should be a presumption against her which she must overcome by-affirmative proof, and recent married woman’s statutes have not changed this rule. Seitz v. Mitchell, 94 U. S. 580. (2) In the absence of evidence that land purchased during coverture by a married woman was paid for with her separate means, it will be presumed that her husband furnished the money. Sloan v. Torry, 78 Mo. 623 ; Seitz v. Mitchell, supra, and. cases there cited. (3) A…
1Opinion of the CourtBlack, J.
On October 6, 1882, there was conveyed to the defendant, Cynthia M. Clasby, three hundred and sixty acres of land in Yernon county. In November, 1883, the plaintiff obtained a judgment against James Clasby, the husband of Cynthia, for eighteen hundred • and thirty-nine dollars, on a cause of action which accrued in 1875. This is a suit in equity to subject the land in the name of the wife to the payment of the debt due by the husband to plaintiff. The question is whether this Vernon county land was purchased with the money of James Clasby.
The evidence shows that James Clasby owned some five…
2Cases cited3 opinions
- Seitz v. MitchellSupreme Court of the United States · 1877
- Sloan v. TorrySupreme Court of Missouri · 1883
- Botts v. GoochSupreme Court of Missouri · 1888
3Cited by3 opinions
- First National Bank v. SimpsonSupreme Court of Missouri · 1899
- Boynton v. MillerSupreme Court of Missouri · 1898
- Columbia Savings Bank v. WinnSupreme Court of Missouri · 1895