Legal Opinion

Spencer v. Parsons

Court of Appeals of Kentucky

Decided February 20, 1890PublishedCited by 9 opinions

Case 88 — PETITION EQUITY APPEAL PROM MARION CIRCUIT COURT. The debt for which the judgment sued on was rendered was not a debt for which the wife was hound; and, therefore, the judgment is void.

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Case 88 — PETITION EQUITY APPEAL PROM MARION CIRCUIT COURT. The debt for which the judgment sued on was rendered was not a debt for which the wife was hound; and, therefore, the judgment is void. A guardian can not, by taking possession of a stranger’s property, make his ward liable to an action; neither can a husband, by any act or promise of his, subject his wife to a suit or liability of any kind, (Sbhouler’s Domestic Relations, p. 463.) 1. The only question left open by the decision of this court upon the former appeal in this ease was, whether or not the judgment sued on is void. 2.…

1Opinion of the Court

JUDGE HOLT

dbuvbrkd this opinion' op this court.

This is an effort to enforce a judgment against 1 lie-separate property of a married woman, rendered when she was such feme covert. The lower court, upon de murrer to the petition, dismissed the action.. This court, upon appeal, said, in substance, that the judgment sued upon might, or might not, be void. If based upon her tort, or a contract executed by her dwm sola, or rendered when she was a feme sole, it would not be void; but if founded upon a claim of such a character as would ordinarily support only an ordinary action, then, as it would be…

2Cases cited1 opinion

  1. Green v. PageCourt of Appeals of Kentucky · 1882

3Cited by9 opinions

  1. Baker v. Baker, Eccles & Co.Court of Appeals of Kentucky · 1915
  2. Hoffman v. ShueyCourt of Appeals of Kentucky (pre-1976) · 1928
  3. Willis v. TomesCourt of Appeals of Kentucky · 1911
  4. Francis v. Lilly'sCourt of Appeals of Kentucky · 1907
  5. Wren v. FicklenCourt of Appeals of Kentucky · 1900

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