Greenwood v. Jenkle

Citations

• 68 Ill. 319

Syllabus

<p>1. Married women—separate property of. Where a married woman with money given her by her mother, and earned before her marriage, which was in 1863, paid for a filly which her husband had bought but was unable to pay for, and it was delivered to her in good faith as her property, and the husband, as her agent and by her consent, traded the filly for a horse, it was held, that the horse was the separate property of the wife, and that the husband could not mortgage or sell the same without her assent.</p> <p>2. Same—husband may act as his wife’s agent. An instruction in a suit between a married woman and a third party, in respect, to her separate property, which is liable to a construction that she could not”trade the same through her husband, as her agent, is objectionable, and may be properly refused.</p> <p>3. Instruction—should be based upon the evidence. Where there is no evidence upon which to hase an instruction, there is no error in refusing to give it.</p>