Erringdale v. Riggs
Illinois Supreme Court
Appeal from the Circuit Court of Mercer county; the Hon. John J. Glenn, Judge, presiding. Harrison W. Riggs was married in Kentucky in 1827, and in 1834 purchased and settled on the land in controversy. In the fall of 1854 he went to the State of Texas on account of his health, with the intention of getting a home there. Some of his children who were of age went with him, and some remained on the farm with the wife.
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Appeal from the Circuit Court of Mercer county; the Hon. John J. Glenn, Judge, presiding. Harrison W. Riggs was married in Kentucky in 1827, and in 1834 purchased and settled on the land in controversy. In the fall of 1854 he went to the State of Texas on account of his health, with the intention of getting a home there. Some of his children who were of age went with him, and some remained on the farm with the wife. After finding a location in Texas he wrote for his children to come to Texas, and bring the mother if she would come, and gave directions about selling some mules that he had…
1Opinion of the CourtJustice Phillips
It was a rule of the common law that chattels personal or money in possession of the wife at the time of her marriage at once became the property of the husband. This rule also made after-acquired personal estate coming to and in -possession of the wife the property of the husband, unless settled upon her as her equitable separate estate. The claim in this case, that the land in controversy was purchased with money belonging to the wife, can not be sustained, as the husband and wife married in 1827 and came to this State, and purchased and made their home on this land in 1834. Any money or…
2Cases cited1 opinion
- Hoker v. BoggsIllinois Supreme Court · 1872
3Cited by3 opinions
- Atkins v. AtkinsMassachusetts Supreme Judicial Court · 1907
- Commissioner of Internal Revenue v. HaleCourt of Appeals for the First Circuit · 1933
- Brooks v. BrooksIllinois Supreme Court · 1916