Gordon v. Eans
Supreme Court of Missouri
Appeal from Cole Circuit Court. — Trial before Hon. Noah M. Givan,. Judge of the Seventh. Judicial Circuit. (1) Separate money of the wife paid to the husband or placed to his account by her authority or with her concurrence cannot be recalled by her. Smith’s Equity (Am.
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Appeal from Cole Circuit Court. — Trial before Hon. Noah M. Givan,. Judge of the Seventh. Judicial Circuit. (1) Separate money of the wife paid to the husband or placed to his account by her authority or with her concurrence cannot be recalled by her. Smith’s Equity (Am. Ed.) sec. 855 ; Catón v. Rideout, 1 M. & G. 599 ; Gardner v. Gardner, 1 Gift'. 126; Ridout v. Lewis, 1 Atk. 266 ; Jacobs v. Hester, 118 Mass. 157; Shirley v. Shirley, 9 Paige, 363 ; Edelin v. Edelin, 11 Md. 415 ; Grover v. Radcliff, 53 Md. 496 ; Courtwright v. Court-wright, 53 la. 57 ; McGlinsey v. McGlinsey, 14 S. & R. (Pa.)…
1Opinion of the CourtRay, J.
This w as a proceeding commenced in the probate court under sections 7, 10 and 11, W. S., p. 85, to discover and recover alleged assets of the estate of deceased.' The case once before was in this court (Eans' Adm'r v. Eans, 79 Mo. 53), where it was held that the proceeding in question was available, not only in cases where the assets were concealed or embezzled, but also where they were openly held under claim of title; and that in the latter case the court must try the right of property between the administrator and the claimant. *593The circuit court on appeal, having dismissed the proceeding…
2Cases cited14 opinions
- Grumley v. WebbSupreme Court of Missouri · 1869
- Hamilton v. BoggessSupreme Court of Missouri · 1876
- The Bank of the United States v. Elizabeth LeeSupreme Court of the United States · 1839
- Strong v. SkinnerNew York Supreme Court · 1848
- Budd v. CollinsSupreme Court of Missouri · 1878
9 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Tygard v. FalorSupreme Court of Missouri · 1901
- White v. HuttonMissouri Court of Appeals · 1951
- Estate of Huffman v. HuffmanMissouri Court of Appeals · 1908
- State Ex Rel. Lipic v. FlynnSupreme Court of Missouri · 1948
- Roanoke Investment Co. v. Kansas City & Southeastern Railway Co.Supreme Court of Missouri · 1891
11 more not listed; retrieve them via the Exa API.