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20 Mo. 277

Tally v. Thompson

Supreme Court of Missouri

Decided January 15, 1855

Supreme Court of Missouri · decided 1855-01-15

Petition by Tally and wife to enjoin the sale under an execution against Tally, of a slave, given to Tally’s wife upon her marriage. The marriage took-place in 1838. The debt upon which the judgment was rendered was contracted before the marriage. The judgment was rendered in 1843. The execution issued in 1853. The plaintiff was dead when the execution issued. These facts appear in the petition. A demurrer was filed and overruled.

Cited by 2 later decisions — most recently March 1893

2 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1855-01-15

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Ryland, Judge.

¶1The question in this case is, whether the act of 5th March, 1849, concerning married women, and entitled An act to amend an act entitled An act to regulate executions,’ ” exempting certain property of the wife from certain debts of the husband, is designed to operate upon the debts *278and liabilities of the husband existing before the passage of the act, or only on such as accrued after the passage of the act.

¶2This very question was settled by this court at the last term at St. Louis, in the case of Cunningham v. Gray.

¶3It was held that the act had no effect on debts and liabilities existing at its passage ; it could only operate on such as accrue after the passage of the same. The judgment of the court below is therefore reversed, and this case, is remanded;

Judge Scott concurring.
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