Legal Opinion

Hooton v. Ransom

Missouri Court of Appeals

Decided May 7, 1878PublishedCited by 9 opinions

Appeal from St. Louis Circuit Court. Where a married woman having a separate estate has during coverture made a contract binding thereon, and afterwards becomes dis-covert, a proceeding in equity to charge that estate cannot be maintained.

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Appeal from St. Louis Circuit Court. Where a married woman having a separate estate has during coverture made a contract binding thereon, and afterwards becomes dis-covert, a proceeding in equity to charge that estate cannot be maintained. The remedy is at law. — King v. Miltalberger, 50 Mo. 182; Roberts v. Mosely, 50 Mo. 182 ; iShattock v. iShattock, L. R. 2 Eq. 182. The note created no lien upon the separate estate. — Kimm v. Weippert, 46 Mo. 532 ; Maguire v. Maguire, 3 Mo. App. 458. The note of a married woman is a charge upon her separate estate. Her note is absolutely void in law but is…

1Opinion of the CourtHayden, J.

This is a suit in equity to charge real estate of the appellant, held by a trustee to her separate use, with the payment of a note signed by herself and her husband during coverture. The note was a negotiable note, in ordinary form except that it was payable one day after date. It was • indorsed without recourse to the respondent. The petition alleged that before the bringing of this suit the appellant was divorced from her husband, assumed her maiden name, “ and is now a feme sole.” The answer is a general denial. The appellant demanded a jury, which was refused, and the court, upon the…

2Cases cited6 opinions

  1. Whitesides v. CannonSupreme Court of Missouri · 1856
  2. Roberts v. MoseleySupreme Court of Missouri · 1873
  3. State ex rel. Carroll County v. RobertsSupreme Court of Missouri · 1876
  4. Coats v. Robinson & HendleySupreme Court of Missouri · 1847
  5. King v. MittalbergerSupreme Court of Missouri · 1872

1 more not listed; retrieve them via the Exa API.

3Cited by9 opinions

  1. Davis v. SmithSupreme Court of Missouri · 1881
  2. Boatmen's Saving Bank v. McMenamyMissouri Court of Appeals · 1889
  3. Johnston v. GawtryMissouri Court of Appeals · 1882
  4. Staley v. HowardMissouri Court of Appeals · 1879
  5. Gawtry v. AdamsMissouri Court of Appeals · 1881

4 more not listed; retrieve them via the Exa API.

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