Schafroth v. Ambs
Supreme Court of Missouri
Error to St. Louis Circuit Court. I. In equity, no trustee need be named; none is necessary, whether the separate property was acquired before or during coverture, or whether the property be real or personal. (Tyler on Inf. and Cov. 431; 2 Sto. Eq.
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Error to St. Louis Circuit Court. I. In equity, no trustee need be named; none is necessary, whether the separate property was acquired before or during coverture, or whether the property be real or personal. (Tyler on Inf. and Cov. 431; 2 Sto. Eq. Jur., §§ 1380-4 ; Fears v:Brook, 12 Ga. 196, and cases cited; Newland v. Paynter, 4 M. & Or. 408 ; Tullet v. Armstrong, id. 390 ; Shirley v. Shirley, 9 Paige’s Ch. 363 ; Hamilton v. Bishop et at., 8 Yerg. 33 ; 2 Kent, 162, and note; Bennett v. Davis, 2 P. Williams, 316; Clancy on. Married Women, 256-7 ; 2 Bop. on Husb. and Wife, 152, 183 ; Freeman…
1Opinion of the CourtCuRRiER, Judge
The competency of a married woman to bind her separate property, by giving notes and other obligations, can no longer be regarded as an open question in this State, however unsettled the doctrine may be elsewhere. As to her separate property, she js here regarded as a femme sole, and, as to that, competent to make contracts which a court of equity will enforce, not against her personally, but against her separate estate; and not only so, the contract itself, as, for instance, a promissory note,.,is evidence of her intention to charge such property. It is sufficient prima facie evidence to…
2Cases cited6 opinions
- Whitesides v. CannonSupreme Court of Missouri · 1856
- Caldwell v. RenfrewSupreme Court of Vermont · 1860
- Coughlin v. RyanSupreme Court of Missouri · 1868
- Bauer v. BauerSupreme Court of Missouri · 1867
- Coats v. Robinson & HendleySupreme Court of Missouri · 1847
1 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Blair v. Chicago & Alton RailroadSupreme Court of Missouri · 1886
- Radford v. CarwileWest Virginia Supreme Court · 1879
- Turner v. ShawSupreme Court of Missouri · 1888
- Raysdon v. TrumboSupreme Court of Missouri · 1873
- Richardson v. De GivervilleSupreme Court of Missouri · 1891
7 more not listed; retrieve them via the Exa API.