Reports of Civil and Criminal Cases Decided by the Court of Appeals of Kentucky Volume 75

Reports of Civil and Criminal Cases Decided by the Court of Appeals of Kentucky Volume 75

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1877 edition. Excerpt: ...that on the 14th of December, 1874, Galbreath executed to her his note for $3,000, payable in twelve months, with ten per cent interest, for money loaned and to be loaned by her to him for the purchase of the stock of goods sold under Campbell's execution, and to secure the note he executed to her a mortgage on the goods; that she had advanced on the mortgage the sum of $811.45, the price of the goods; and she prayed judgment against the obligors in the bond for the value of the property sold. The husband of the appellee was made a defendant, and the other defendants demurred to the petition upon the grounds--first, that there was a defect of parties plaintiff; and second, that the facts stated did not constitute a cause of action. The court overruled the demurrer, and that action of the court presents the first question for decision. Where a married woman is a party her husband must be joined with her, except that where the action concerns her separate property she may sue alone, and where the action is between her and her husband she may sue or be sued alone. (Section 49 Civil Code.) If the appellee had any interest whatever in the goods, such interest was separate estate. A married woman is incapable of holding the legal title to personal property, and a sale of such property to her by her husband, if valid for any purpose, vests in her only an equitable interest which is separate estate; for if not, then, as the husband is the absolute owner of all the personal property which comes to the wife during coverture as general estate, the sale by the husband to the wife, which must be presumed to have been intended to have some effect, would have none whatever. Hence, if a valid sale or gift of personal property be made by a more

Product details

  • Paperback | 280 pages
  • 189 x 246 x 15mm | 503g
  • United States
  • English
  • black & white illustrations
  • 1236959426
  • 9781236959423