Jassoy v. Delius

Citations

• 65 Ill. 469

Syllabus

<p>1. Htjsbakd asd wife—wife—money coming to her before act of 1861, and her ean'nings prior to act of 1869, subject to husband's debts. Where the wife had, at the time of her marriage, $2000, that being before the act of 1861, and in 1862 she went into the millinery business, which she continued until 1871: Held, that the $2000 belonged to her husband, and that the profits arising from the millinery business prior to the act of 1869, at least beyond the interest in the wife’s separate capital which was employed, was to be regarded as the wife’s earnings, and as such belonged to the husband, and liable for his debts.</p> <p>2. Same—creditor’s bill, to subject property in wife's name. On creditor’s bill to subject real estate held in the name of a wife to the payment of a judgment against her husband, it appeared that, after the failure of the husband, his dwelling house was sold, subject to his homestead right, and a mortgage for $1000, and purchased by his wife, who subsequently sold it for $2500, and, after paying the mortgage, she purchased, in her own name, another house for $2200, in which she and her husband lived at the hearing on the bill; that, in 1862, the wife went into the millinery business, from the profits of which she purchased a store' for $4500; that at the time of the decree she was possessed of this house and store, with about $1000 at interest; and that, aside from the profits of the millinery business, all the separate estate she ever had was only about $2100, $2000 of which she had at the time of her marriage, which was before the Married Woman’s act of 1861. The court below decreed the payment of the judgment, amounting to $278.39 and costs: Held, that, as the $2000 the wife had at her marriage, and her earnings in the millinery business up to 1869, except the interest on her separate capital, belonged to the husband, the proof showed satisfactorily that the wife held in her name property of her husband to an amount equal to that found by the