Miller v. Miller

• Decision Date: 18 December 1897
• Citation: 73 N.W. 484,104 Iowa 186
• Parties: ALTA Z. MILLER v. SAMUEL MILLER, Appellant
• Court: Iowa Supreme Court

73 N.W. 484

104 Iowa 186

ALTA Z. MILLER v. SAMUEL MILLER, Appellant

Supreme Court of Iowa, Des Moines

December 18, 1897

Appeal from Plymouth District Court.--HON. F. R. GAYNOR, Judge.

THE parties are husband and wife. The defendant owned certain lands, and, desiring to convey the same to third parties agreed with his wife (plaintiff) to pay to her the sum of two thousand dollars if she would join in the deed, so as to convey her contingent right. The conveyance was made, signed by the wife in pursuance of the agreement, and she was paid of the amount agreed upon, one thousand, five hundred and ninety-seven dollars; and, for the remainder of the two thousand, defendant gave to her the following instrument in writing: "Know all men by these presents, that I hereby agree to pay Alta Z. Miller, within ninety days from this date, the sum of four hundred and three dollars; and, in the event I should fail for any reason to make said payment of said sum promptly when due, then I agree to secure the payment of said sum by proper security on the stock of livery this day purchased by me of Hoyt & Goudie. Dated this first day of February, 1894. Samuel Miller." The defendant refused payment, and this action is to recover on the written obligation. The cause was submitted to the court on a stipulation of facts that gave judgment for plaintiff, and the defendant appealed.

Reversed.

Zink & Roseberry for appellant.

I. T Martin for appellee.

OPINION

GRANGER, J.

There are few, if any, important facts, other than those above stated. It appears that the parties, though husband and wife at the time of the commencement of the action, and now, are living apart from each other. It also appears that plaintiff refused to join in the conveyance unless the defendant would pay her two thousand dollars, and that thereupon the agreement was made to do so, resulting in her signing the deed, receiving the amount stated, and the execution of the written agreement sued on, for which there was no other consideration than her agreement to sign the deed. The defendant was the owner of the land conveyed. The following is section 2203 of the Code of 1873: "When property is owned by either the husband or wife, the other has no interest therein which can be the subject of contract between them, or such interest as will make the same liable for the contracts or liabilities of either the husband or wife, who is not the owner of the property, except as provided in this chapter." The section is in the title of the Code designated, "Of the Domestic Relations," and in a chapter thereof devoted to husband and wife. It permits a married woman to...