Neilson v. Kilgore

• Citation: 12 S.Ct. 943,145 U.S. 487,36 L.Ed. 786
• Parties: NEILSON et al. v. KILGORE
• Decision Date: 02 May 1892
• Court: United States Supreme Court

145 U.S. 487

12 S.Ct. 943

36 L.Ed. 786

NEILSON et al. v. KILGORE.

May 2, 1892.

F. A. Reeve, for plaintiffs in error.

H. H. Ingersoll, for defendant in error.

Mr. Justice HARLAN, after stating the facts in the foregoing language, delivered the opinion of the court.

STATEMENT BY MR. JUSTICE HARLAN.

This action was commenced October 12, 1886, before a justice of the peace of Greene county, Tenn., and involves the right of property in three heifers and one steer, levied upon as the property of Frederick Scruggs, but claimed by his wife to belong to her, and not subject to seizure or sale for the debts of her husband. Judgment having been rendered for her, the case was carried by appeal to the circuit court of that county.

It appears that Scruggs and wife were married about 18 years before the commencement of this action, and lived, during most of their married life, on lands deeded to her, as follows: 130 acres by deed of January 1, 1881; 274 acres by deed of April 19, 1877; 108 acres by deed of May 8, 1886. The deeds to Mrs. Scruggs were in fee simple, but did not create a technical separate estate. Some years prior to this litigation her husband failed in business, after which he attended to his wife's affairs, trading for her in stock, hogs, etc., and superintending farm work, etc., as her agent. He occasionally traded in live stock for himself. From 1879 to 1881 he engaged, in the name of his father, in merchandising in a house in the yard of the home dwelling lot, and from 1881 to 1884 in the name of his brother William, and with their money, he receiving and keeping all the profits. He and Mrs. Scruggs took from the store whatever each wanted, paid hands on the farm partly out of it, and put back into the store the proceeds of the farm, but without strict account being kept between them as husband and wife, or between them and William Scruggs, as in the case of strangers. The husband did not keep the wife's funds strictly separate from his own, but often commingled them.

In the spring of 1884 he sold some cattle belonging to the wife for about $200, and afterwards bought two head of young cattle for her with part of this money. In September or October following he purchased one other steer for her with the proceeds of what was raised on her farms, and, while the cattle were pasturing together, another calf came from one of her cows. They were levied on as the property of the husband under an execution issued September 10, 1886, which was based upon a judgment against him, in favor of one Scott, rendered September 22, 1876. At the execution sale, Baker, the testator of the plaintiffs in error, became the purchaser of the cattle, having, at the time, notice from Mrs. Scruggs that they belonged to her, and, if sold, would be replevied as her property.

The trial court found that the cattle in question were the property of the wife, having been bought with the proceeds of her estate; that a certain act of the general assembly of Tennessee, passed March 26, 1879, c. 141, upon which the wife relied,—and which will be presently referred to,—was not, as claimed by the defendant, in violation either of the constitution of the United States or of that of Tennessee, prohibiting the impairment of the obligation of contracts, and did not deprive the husband or his creditors of any vested rights; and that said act protected the cattle from any execution sued out against the property of the husband. Judgement was accordingly rendered for Mrs. Scruggs.

Upon appeal to the supreme court of Tennessee the judgment was affirmed, the court holding that the act of 1879 was not obnoxious to the constitution of the United States.

By the law of Tennessee in force when the judgment of September 22, 1876, was rendered against...