Courtright v. Courtright
Supreme Court of Iowa
Appeal from Lee Circuit Court. The plaintiff filed a claim against the estate of her deceased husband, and as to her right to recover an agreed statement of facts was made, which is as follows: “ It is agreed in this case that Emily E. Courtright, who is widow of decedent and claimant herein, had $1,950 in drafts, on the 30th day of September, 1873, which she owned in her own right; that the amount of said drafts was drawn by decedent at that time, and during the continuance…
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Appeal from Lee Circuit Court. The plaintiff filed a claim against the estate of her deceased husband, and as to her right to recover an agreed statement of facts was made, which is as follows: “ It is agreed in this case that Emily E. Courtright, who is widow of decedent and claimant herein, had $1,950 in drafts, on the 30th day of September, 1873, which she owned in her own right; that the amount of said drafts was drawn by decedent at that time, and during the continuance of the marriage of this claimant and said Edward Courtright, deceased; that eleven hundred dollars of said amount was…
1Opinion of the CourtSeevers, J.
l. Husband " and wite; property oí wii'o: wlien used by bus-band. It was held in Logam v. Hall, 19 Iowa, 491, under the then existing statute, and also in equity, that where a wife had delivered money or property to .her husband and taken from him an obligation therefor, she could recover on such - obligation from the estate of her husband. That case is clearly distinguishable from the one at bar, because here there is no promise or agreement on the part of the husband to pay.
In McCrory v. Foster, 1 Iowa, 271, it was held that money *59or property given by a wife could not be recovered from the…
2Cases cited2 opinions
- Logan v. HallSupreme Court of Iowa · 1865
- McCrory v. FosterSupreme Court of Iowa · 1855
3Cited by14 opinions
- Heacock v. HeacockSupreme Court of Iowa · 1899
- Johnson v. BarnesSupreme Court of Iowa · 1886
- Aultman Engine & Thresher Co. v. GreenleeSupreme Court of Iowa · 1907
- Grubbe v. GrubbeOregon Supreme Court · 1894
- Truax v. EllettSupreme Court of Iowa · 1944
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