Hooton v. Ransom
Missouri Court of Appeals
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
- Whitesides v. CannonSupreme Court of Missouri · 1856
- Roberts v. MoseleySupreme Court of Missouri · 1873
- State ex rel. Carroll County v. RobertsSupreme Court of Missouri · 1876
- Coats v. Robinson & HendleySupreme Court of Missouri · 1847
- King v. MittalbergerSupreme Court of Missouri · 1872
1 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Davis v. SmithSupreme Court of Missouri · 1881
- Boatmen's Saving Bank v. McMenamyMissouri Court of Appeals · 1889
- Johnston v. GawtryMissouri Court of Appeals · 1882
- Staley v. HowardMissouri Court of Appeals · 1879
- Gawtry v. AdamsMissouri Court of Appeals · 1881
4 more not listed; retrieve them via the Exa API.