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69 Mo. 584

Gay v. Ihm

Supreme Court of Missouri

Decided April 15, 1879

Supreme Court of Missouri · decided 1879-04-15

Louis Court of Appeals. This was a suit against Maria Anna Ihm and Jacob Ihm, her husband, to charge the separate estate of said Maria with the payment of a. sum of money alleged to be due from her to plaintiff for the rent of certain premises held by her of plaintiff, under a written lease.

Relies on DeBaun v. Van Wagoner

Good law ✅— No negative treatment on recordhow we know

Decided 1879-04-15

How this case has been cited

Cited by 8 later decisions — most recently March 1902

7 state decisions

401879188018901900decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Sherwood, O. J.

¶1Plaintiff was successful in the circuit court in his endeaver to subject the separate estate of Mrs. Ihm to the payment of the debt which she had contracted, and the judgment of' that court was affirmed in the St. Louis court of appeals.

¶21. jury trial in chancery causes

¶3In chancery causes the right of trial by jury does not exist, although the chancellor may, if he see fit, direct certain issues of fact to be tried by a jury; but even -¡jien, he will not be bound by their finding; he may accept it or reject it, as he deems best. It is certainly very late in the day to insist on such a point as this.

¶42. married woman CHA. RGINGHER separate estate,

¶5There is no sort of question that Mrs. Ihm had a separate estate in the land sought to be charged. The fact that by the terms of the deed which gave her ^ ° the separate estate she could not convey that land except by joining her husband in a conveyance of the same, did not prevent her from subjecting that land to the payment of the debt which she contracted when, by the terms of the lease she accepted, she agreed to pay a certain annual rent for the premises leased to her by plaim tiff’s agent.

¶63. -¡lease.

¶7It makes no difference what the form of the instrument which a married woman signs; if she thereby binds herself to pay a sum of money, her separate estate will be bound thereby. DeBaun v. Van Wagoner, 56 Mo. 347. The evidence fullyjustifi.es the decree, and it is accordingly affirmed.

¶8Affirmed.

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