Thorn v. Anderson

CourtUnited States State Supreme Court of Idaho
Writing for the CourtSULLIVAN, J.
Citation63 P. 592,7 Idaho 421
Decision Date17 December 1900
PartiesTHORN v. ANDERSON, SHERIFF

63 P. 592

7 Idaho 421

THORN
v.
ANDERSON, SHERIFF

Supreme Court of Idaho

December 17, 1900


MARRIED WOMAN'S SEPARATE PROPERTY-INCREASE-EXEMPTION FROM EXECUTION AGAINST HUSBAND.-Under the provisions of section 4479 of the Revised Statutes, the increase of a married woman's separate property (in this case consisting of cattle) is exempt from execution against her husband.

(Syllabus by the court.)

APPEAL from District Court, Cassia County.

Affirmed. Costs of this appeal awarded to the respondent.

Hawley & Puckett, for Appellants.

Our statute provides, section 2497 of the Revised Statutes, that the rents and profits of the separate property of the husband or wife is community property; unless, by the instrument by which any such property is acquired by the wife, it is provided that the rents and profits thereof be applied to her sole and separate use; in which case the management and disposal of such rents and profits belong to the wife, and they are not liable for the debts of the husband. The increase of animals inure to the benefit of the community. (Bonner v. Gill, 5 La. Ann. 629; Du Crest v. Bijean, 8 Mart., N. S. (La), 192; Frederic v. Frederic, 10 Mart., O. S. (La.), 188.) The increase, during the marriage, of cattle which are the separate property of the wife are community property. (Howard v. York, 20 Tex. 670.) The increase, during the marriage, of cattle and horses which were before marriage the wife's separate property, belongs to the community. (Bateman v. Bateman, 25 Tex. 270; Cartwright v. Cartwright, 18 Tex. 628.) We further contend that if the five head of the original stock were the separate property of the respondent, it was intermixed and commingled with the increase which was community property, so that it lost its identity, and the community being the paramount estate drew the whole to it, and all the cattle levied on were community property, and subject to the debts of her husband. (2 Kent's Commentaries, 363-365; Yesler v. Hochstettler, 4 Wis. 356, 65 Am. Dec. 314, and cases therein cited.)

W. L. Maginnis, for Respondents.

The gift to respondent in this case consisted of cattle, which are short-lived animals, and if the contention of appellant's counsel be true, that the increase of these animals is community property, and this without regard to the expense of producing of such increase, then the purpose and object of the donor is defeated by the mere agency of time. In the case of Bogard v. Corey, 82...

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5 cases
  • Sassaman v. Root
    • United States
    • United States State Supreme Court of Idaho
    • August 2, 1923
    ...600] not control the earnings of the wife for her personal services, or the rents and profits of her separate estate. (Thorn v. Anderson, 7 Idaho 421, 63 P. 592; Evans v. Kroutinger, 9 Idaho 153, 2 Ann. Cas. 691, 72 P. 882; Re Estate of Pepper, 158 Cal. 619, 112 P. 62, 31 L. R. A., N. S., 1......
  • Humbird Lumber Co. v. Doran
    • United States
    • United States State Supreme Court of Idaho
    • September 8, 1913
    ...the wife's separate property cannot be taken on attachment or execution for the payment of the debts of the husband. (Thorn v. Anderson, 7 Idaho 421, 63 P. 592; Evans v. Kroutinger, 9 Idaho 153, 72 P. 882, 2 Ann. Cas. 691.) Where there is a conflict in the evidence and the case is tried wit......
  • Clifford v. Lake
    • United States
    • United States State Supreme Court of Idaho
    • May 14, 1920
    ...v. Bateman, 25 Tex. 270; Barr v. Simpson, 54 Tex. Civ. 105, 117 S.W. 1041; Moor v. Moor, 24 Tex. Civ. 150, 57 S.W. 992; Thorn v. Anderson, 7 Idaho 421, 63 P. 592.) Profits arising from investments of separate property are community estate, and in case the two are mingled so that they cannot......
  • Wilkerson v. Aven
    • United States
    • United States State Supreme Court of Idaho
    • December 3, 1914
    ...of the wife's separate property and her personal earnings from execution against her husband, can be reconciled. (Thorn v. Anderson, 7 Idaho 421, 63 P. 592; Humbird Lumber Co. v. Doran, 24 Idaho 507, 135 P. 66.) Jackson & Walters, for Respondent Wilkerson. Where separate property has by inv......
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