Tillman v. Estate of Tillman
Citation | 50 Mo. 40 |
Parties | FELICITE TILLMAN, Appellant, v. ESTATE OF CHARLES TILLMAN, Respondent. |
Decision Date | 31 March 1872 |
Court | United States State Supreme Court of Missouri |
1. Where land is held by the wife simply as her own, and in which the husband has marital rights, if she join in the sale, and the proceeds are collected by him in his own name, used as he uses his other funds--there being no contract or understanding with the wife in regard to them--they become the property of the husband.
Appeal from St. Louis Circuit Court.
Krum & Patrick, for appellant.
E. C. Kehr, for respondent.
The plaintiff presented a claim against the estate of her deceased husband which was disallowed in the Probate Court, and on appeal was again disallowed in the Circuit Court. It was based upon the fact that during the coverture certain of her real estate was sold and conveyed by herself and husband, and the proceeds of the sale having been collected by the husband, she presents a demand against his estate for their amount. The case was tried in the Circuit Court upon the following agreed statement of facts: etc.
The land sold belonged to the wife, but was not her sole and separate property. Had it been so held by her, the husband might be treated as her agent in the collection of the proceeds, and they would still belong to her unless it could be shown that she intended to...
To continue reading
Request your trial-
Stoff v. Schuetze
...... executor or administrator is a trustee, and when he purchases. property with funds of the estate he holds the property in. trust for the estate and those entitled thereto; and it makes. no ... real estate, as at common law, was complete. Tillman v. Tillman's Estate, 50 Mo. 40; Hart v. Leete, . 104 Mo. 315; Leete v. Bank of St. Louis, 141 ......
-
Benne v. Schnecko
...a chose in action, and, therefore, the conveyance to Mrs. Schnecko was for a valuable consideration. Tennison v. Tennison, supra; Tillman v. Tillman, supra; Sloan v. Terry, supra. (4) loan of five thousand dollars ($ 5,000) for sixteen years was a sufficient consideration for the property c......
-
Smith v. Smith
...of the land in question, the interests so bought became the absolute property of her husband under the law in force at the time. [Tillman v. Tillman, 50 Mo. 40; Rodgers v. Bank of Pike County, 69 Mo. Kidwell v. Kirkpatrick, 70 Mo. 214.] It follows that the interest in the land which was con......
-
Powell v. Powell
...and wife could deal with each other in equity, at least with respect to their properties. Tennison v. Tennison, 46 Mo. 77; Tillman v. Tillman, 50 Mo. 40; Chapman McIlwrath, 77 Mo. 46; Halferty v. Scearce, 135 Mo. 439; McBreen v. McBreen, 154 Mo. 330; Bower v. Daniel, 198 Mo. 320. The contra......