Legal Opinion

Bethel v. Baily

Missouri Court of Appeals

Decided April 15, 1889PublishedCited by 2 opinions

Appeal from the Jasper Circuit Court. — Hon. M. Gr. McGtRegor. Judge. (1) Prior to the act of 1875, Revised Statutes, 3296, personal chattels of the wife vested absolutely in the husband and became subject to his debts. Alexander ■o. Lydiclc, 80 Mo. 341. (2) The money claimed to have been inherited by plaintiif, Nancy Bethel, was a chose in possession, and not being her separate estate vested absolutely in her husband, Hiram Bethel, and was subject to his debts.

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Appeal from the Jasper Circuit Court. — Hon. M. Gr. McGtRegor. Judge. (1) Prior to the act of 1875, Revised Statutes, 3296, personal chattels of the wife vested absolutely in the husband and became subject to his debts. Alexander ■o. Lydiclc, 80 Mo. 341. (2) The money claimed to have been inherited by plaintiif, Nancy Bethel, was a chose in possession, and not being her separate estate vested absolutely in her husband, Hiram Bethel, and was subject to his debts. Terry v. Wilson, 53 Mo. 493. (3) All the personal property of the wife in possession whether at the time of marriage or afterwards…

1Opinion of the Court

Gill, J

This is an action of replevin brought by the plaintiff, Mrs. Bethel, to recover some wheat, cattle, and one horse, which had been levied upon by the defendant sheriff on an execution against Hiram Bethel, plaintiff’s husband. The matter of dates appears somewhat uncertain, but it is sufficient to say that the plaintiff was married to Hiram Bethel something near forty years ago, and that the husband, neither at marriage, nor since, has been the owner of any property worth naming in his own right, and that quite all the property belonging to the family came from the father of plaintiff,…

2Cases cited6 opinions

  1. McCoy v. HyattSupreme Court of Missouri · 1883
  2. Woodford v. StephensSupreme Court of Missouri · 1873
  3. Clark v. ClarkSupreme Court of Missouri · 1885
  4. Alexander v. LydickSupreme Court of Missouri · 1883
  5. State ex rel. Grabinsky v. SmitMissouri Court of Appeals · 1885

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

3Cited by2 opinions

  1. Cooper v. StandleyMissouri Court of Appeals · 1890
  2. Botts v. SpencerMissouri Court of Appeals · 1890

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