Basham v. Chamberlain
Court of Appeals of Kentucky
Error to the Louisville Chancery Court. Chancery. Case 115. Case staled.. A contract before marriage that the wile shall enjoy her property exclusively, is valid, and the husband will be regarded as a trustee for the wife’s benefit. —Anti the personal savings of the wife, the result of her labor, maf with the assent of the husband, be applied io her separate use, so far as the husband and his representativ es are concerned; but not against his creditors.
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Error to the Louisville Chancery Court. Chancery. Case 115. Case staled.. A contract before marriage that the wile shall enjoy her property exclusively, is valid, and the husband will be regarded as a trustee for the wife’s benefit. —Anti the personal savings of the wife, the result of her labor, maf with the assent of the husband, be applied io her separate use, so far as the husband and his representativ es are concerned; but not against his creditors. Personal property in possession of the wife at the marriage, vests absolutely in the husband ; the proceeds of her labor belong to him,…
1Opinion of the Court
Judge Simpson
delivered the opinion of the Court.
This is a suit in chancery in the name of the wife, by her next friend, to enjoin a judgment creditor of her.husband from selling a Rockaway carriage, harness and horse, in satisfaction of his debt, and to have the property secured to her separate use by the decree of the Chancellor.
The facts upon which she bases her right to relief, are¿ that when she married her husband, he was insolvent; that she had a small sum of money which he has permitted her to retain under her own control, and to use as she thought proper; that he also permitted her to…
2Cited by4 opinions
- Jones v. Reid Adm'rWest Virginia Supreme Court · 1878
- Jones v. HillCourt of Appeals of Kentucky · 1873
- Field v. Field's Adm'rCourt of Appeals of Kentucky · 1880
- Woodward v. MiddletonCourt of Appeals of Kentucky · 1877