Liebes v. Steffy

• Citation: 4 Ariz. 11,32 P. 261
• Decision Date: 28 January 1893
• Docket Number: Civil 338
• Parties: LOUIS LEIBES et al., Defendants and Appellants, v. NELLIE E. STEFFY, Plaintiff and Appellee
• Court: Arizona Supreme Court

32 P. 261

4 Ariz. 11

LOUIS LEIBES et al., Defendants and Appellants, v. NELLIE E. STEFFY, Plaintiff and Appellee

Civil No. 338

Supreme Court of Arizona

January 28, 1893

APPEAL from a judgment of the District Court of the Second Judicial District in and for the County of Pinal. Joseph H. Kibbey Judge.

Affirmed.

H. V Jackson, for Appellants.

W. R Stone, for Appellee.

Gooding, C. J. Sloan, J., and Wells, J., concur.

OPINION

The facts are stated in the opinion.

GOODING, C. J.

Appellants obtained a judgment against William Steffy, the husband of appellee, in the sum of $ 156.42, on the 8th of June, 1889. Subsequently an execution was issued on said judgment, and levied upon fifty head of cattle of the "22" brand as the property of William Steffy. Nellie B. Steffy (appellee) claimed said property as her separate property and instituted proceedings to try her right thereto under the provisions of title 61, chapter 2, Revised Statutes of 1887, and filed bond as required, and took possession of said fifty head of cattle. The court below held that she was the owner of said cattle, and entitled to hold the same. The statement of facts and the evidence therein shows that William Steffy was a copartner with one Desmond, and the owner, before his marriage to appellee, of one half of the cattle branded "22," and so continued to be until the sale thereof to his wife, Nellie B. Steffy. That the consideration of said sale was thirteen hundred dollars, which was paid to him by his said wife, by a draft for that amount. The draft was drawn and payable to and indorsed by her father, James P. Rutledge. That the amount of the draft was a gift to her by her father. That thirteen hundred dollars was the fair value of the cattle bought by her. That at the time of the sale of his interest to his wife in said cattle, the cattle were in the exclusive control and management of his copartner, Desmond, and so remained till the following spring, when a division was made, and the share of Nellie B. Steffy was delivered into her possession, and of this share the fifty cattle levied upon under plaintiff's execution were a part. That at the time of his sale to his wife he had no intent to cheat, hinder, or delay his creditors, and that thirteen hundred dollars was the full, fair cash value of the cattle sold by him to his wife; and that the sale was, in short, without any intent on the part of Steffy, or his wife, Nellie B. Steffy, to cheat, hinder, or delay creditors.

The motion for a new trial in this case sets up the following grounds: 1. That said judgment is contrary to law in this case; that the court decides that a married woman can purchase personal property, and hold the same as her separate property; 2. That the wife, during coverture, may purchase personal property from her husband, and thereby withdraw such property from the payment of the husband's debts; 3. That the court erred in ruling that the sale of the personal property in this case was valid, notwithstanding the fact that when the same was made there was no immediate delivery thereof, and no change in the possession of such property, continued or otherwise; and 4. That the judgment of the court is and was contrary to the law and the evidence.

That a married woman can purchase personal property, and hold the same as her separate property, we think it quite clear. It is true that section 17, chapter 3, title 34, provides that "all property acquired by either husband or wife during the marriage, except that which is acquired by gift, devise or descent, or earned by the wife while," etc., "shall be deemed the common property of the husband and wife, and during the coverture may be disposed of by the husband alone." Section 18 provides: "Married women of the age of twenty-one...