Kahn v. Wood

Citations

• 82 Ill. 219

Syllabus

<p>1. Married women—burden of proof in suit in reference to sepwi’ate property. In a suit by a married woman against a creditor of her husband, for seizing her separate property under a writ of attachment against her husband, the burden is on her to make satisfactory proof that the property seized was her separate property, owned by her under the conditions required by the law relating to the separate property of married women, to protect it from seizure and sale for the payment of her husband’s debts.</p> <p>2. Evidence that a married woman received property from her father at the time of her marriage, or that it was bought with money received from her father’s estate, without proof as to when she so received it, is not sufficient to entitle her to recover in a suit against a creditor of her husband for seizing such property for the debt of her husband.</p> <p>3. Same—money paid to husband by her consent becomes his. Where the money to which a married woman is entitled from her father’s estate is, by her consent, paid to her husband, and he has full control of it with her consent, and does what he pleases with it, the money becomes his.</p>