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Reports of Cases Determined in the Supreme Court of the State of Colorado (Volume 11)

Reports of Cases Determined in the Supreme Court of the State of Colorado (Volume 11)

Paperback

General World History

Currently unavailable to order

ISBN10: 1150591528
ISBN13: 9781150591525
Publisher: General Books
Pages: 204
Weight: 0.82
Height: 0.43 Width: 7.44 Depth: 9.69
Language: English
This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1889. Excerpt: ... married woman are of no validity excopt as to her separate estate; that as to her separate estate she is treated in equity as a feme sole; that no personal judgment can be given against her; that the remedy given is an equitable proceeding, having for its object a decree against the separate estate; that her contracts in no way affect or bind her general estate; that it is not necessary that the debt should be evidenced by a written instrument, or that the separate estate should be mentioned; that where she contracts for herself, in her own name, her intention to bind her separate estate is presumed, unless there is something to show the contrary. Coats v. Robinson, 10 Mo. 757; Whitesides v. Cannon, 23 Mo. 472; Claflin v. Van Wagoner, 32 Mo. 254; Tuttle v. Hoag, 46 Mo. 42; Coughlin v. Ryan, 43 Mo. 99; Boal v. Morgner, 46 Mo. 4S; Schafroth v. Ambs, id. 116; Bruner v. Wheaton, id. 364; Kimm v. Weippert. id. 535; Miller v. Brown, 47 Mo. 508; Lincoln v. Rowe, 51 Mo. 573; Meyers v. Van Wagoner, 56 Mo. 116; Siemers v. Kleeburg, id. 200; De Baum v. Van Wagoner, id. 347; Bank v. Taylor, 62 Mo. 340; Morrison v. Thistle, 67 Mo. 600. In Davis v. Smith, 75 Mo. 225, Henry, J., declares what we regard as substantially the doctrine of the authorities which we have cited. He says: As to the precise nature of the obligations of a feme covert who had a separate estate when it was incurred, the authorities are not agreed, but are in inextricable confusion. It is well settled in this state that if she execute a note, and nothing to the contrary is expressed, the creditor may, by a proceeding in equity, have it satisfied out of her separate property. Whitesides v. Cannon, 23 Mo. 472. But it is not a lien, or, strictly speaking, a charge upon the property, nor does it bind he...

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