53 Iowa 57 | Iowa | 1880
In McCrory v. Foster, 1 Iowa, 271, it was held that money
’Whether under the facts as agreed it should be held there was a gift, we do not deem it necessary to determine, as we think because of the existence of another ground the plaintiff is not entitled to recover anything more .than was allowed by the Circuit Court. The plaintiff bases her right to an additional allowance solely on the following statute: “ Should either husband or wife obtain possession or control of property belonging to the other, either before or after marriage, the owner of the property may maintain an action therefor, or for any right growing out of the same, in the same manner and extent as if they were unmarried.” Code, § 2204.
Whether this statute includes property which has been voluntarily given by the husband or wife to the other, oi which has been rightfully obtained, we do not deem it necessary to determine.
There is another statute as follows: “The expenses of the family and the education of the children are chargeable upon the property of both husband and wife, or of either of them, and in relation thereto they may be sued jointly or separately.” Code, § 2214.
These two sections are contained in the same chapter of the Code, and as they relate to the same subject-matter they must be construed together. Under the latter section the property of both husband and wife can be compulsorily made liable for the expenses of the family, and the education of the children. Without doubt, we think, the same thing may be accomplished by voluntary action. If, therefore, a wife devotes her property to such purj>oses, or knows it is being done by her husband, and makes no objection, she does not
Whether the payment of “hired help” on the farm was a legitimate family expense we do not determine, because if it iras not we think it was incumbent on the plaintiff to establish how much was paid for that purpose.
Affirmed.