Myers v. King

• Decision Date: 11 March 1875
• Citation: 42 Md. 65
• Parties: JAMES A. MYERS, JACOB MYERS and GEORGE P. KANE v. ADELINE E. KING, by her next friend, JOHN KING.
• Court: Maryland Court of Appeals

42 Md. 65

JAMES A. MYERS, JACOB MYERS and GEORGE P. KANE v. ADELINE E. KING, by her next friend, JOHN KING.

Court of Appeals of Maryland

March 11, 1875

APPEAL from the Court of Common Pleas.

The facts of the case are stated in the opinion of the Court. The appellant Kane was the sheriff by whom the writ of fieri facias, referred to in the case was executed. The appeal was taken from the action of the Court below, (GAREY, J.,) in refusing all the prayers of the defendants and granting certain instructions of its own. These prayers and instructions are substantially set forth in the opinion of this Court; and their insertion in full is deemed unnecessary to the elucidation of the questions presented.

The cause was submitted to BARTOL, C.J., BOWIE, STEWART, MILLER and ALVEY, J.

J Douglas Hambleton and Wm. J. O'Brien, for the appellants.

Luther M. Reynolds, for the appellee.

BOWIE J., delivered the opinion of the Court.

The appellants, James A. Myers and Jacob Myers, having obtained a judgment, in the Baltimore City Court, against Wm. H. King the husband of the appellee, sued out thereon, a writ of fieri facias, by virtue of which, certain articles of household furniture, found in the dwelling house of King and wife, (and claimed by the latter to be her separate property) were seized, and sold.

The appellee, thereupon sued the appellants in trespass, for breaking and entering her mansion, and wrongfully taking and carrying away her goods, and converting them to their own use. The defendants, (now appellants) pleaded they "did not commit the wrongs alleged." At the trial, the appellee being sworn on her own behalf, testified that in the years 1869 and 1870, she received from Dr. Sharp, $500, in two separate payments, for her interest in a farm lying in Kent County; during the same time, she received from her husband $500, for a brother's interest in said farm which her husband had previously bought for $105, for her use and benefit, and her husband paid it to her, as the proceeds of the share of her brother, which her husband bought for her in 1861.

The furniture was bought and in their possession in the spring of 1868, or during that year; she would go with her husband and look at and select the furniture, from time to time; he would pay for it according to the requirements of the sellers, before they would send it to their house; the money he paid, was not part of the money she received from Dr. Sharp or from her husband, "as she had not got her money then." She told her husband, to get and pay for the furniture, and she would pay him back, out of the money she was to receive from the sale of the farm. After she got the money, she paid her husband all she owed him, as she had agreed to do, before the sheriff seized it.

The appellee further testified, that she contributed to the household expenses; bought the best part of her own clothing; and that she owned the house she lived in, which was given her by her husband.

On cross-examination, she deposed, that she had no property but the furniture mentioned here, and the house she lived in; the other rooms were furnished but the furniture belonged to her husband. The furniture bills except for the piano, were made out in Mr. King's name. The piano she paid for in two instalments.

Wm. H. King, the appellee's husband, being sworn on her behalf, testified, that he received money from Mr. Sharp; it came from the first payment, it was binding money, and he returned it to his wife. That he lived in Caroline Street in '64, '68 and '69, there was no furniture in the parlor; it was put there after the sale of the farm; they bought the furniture together, laid it out together; she paid him back, "he bought all by her authority, wardrobe, hall set, and extension table; I paid for them then because I was sure of my money," etc.

Being cross-examined, Mr. King deposed that in 1864, 1869 and 1870 he was a carpenter; and he was building four houses which cost him about $2400 each; paid some of his hands on Saturday night, got about $1500 from E. B. Hunting, who was making the advances; can't say how long it was between the time he bought the furniture, and the time he was paid therefor by his wife; that he is insolvent, was then, and had been for years; that he had no papers or memoranda connected with...