124 Ky. 223 | Ky. Ct. App. | 1907
Opinion op the Court by
Reversing.
Appellee, as judgment creditor of Jacob Eberhardt, brought this equitable action to discover assets, and attached 10 shares in the Yollman Buggy Body Company, standing in Jacob Eberhardt’s name. Ella Eberhardt, wife of Jacob, intervened, claiming the the stock was in pledge to her under the following conditions: Her husband borrowed $500 from a bank to buy the stock. He executed two notes of $250 each
She contends that, under the existing married woman’s act (section 2128, Ky. St. 1903), it is competent for husband and wife to deal with each other with respect to her property as if she were single. In that section it is provided: “A gift, transfer, or assignment of personal property between husband and wife shall not be valid as to third persons unless the same be in writing, and acknowledged and recorded as chattel mortgages are required to be recorded.” This proviso follows the clause in the section: “She may make contracts, and sue and be sued as a single woman.” We think the proviso as to' dealings between husband and wife was intended as a qualifica
The Legislature, in removing the disability of married women to deal as single persons respecting their property, saw fit to so qualify the privilege as to make it conditional when the dealing was with a spouse. Unless the condition is complied with, the qualified' privilege extended by the statute cannot attach. "What has been said above applies alone to. the transaction between Eberhardt and his wife. It must be borne in mind always in the construction of this statute that the qualification above treated of deals alone with the rights of married people in transactions between themselves. The married woman, when dealing with others, is placed with respect to her property precisely as if she were unmarried, barring alone the matter of becoming surety. Mrs. Eberhardt intended to pay off the note upon which her stock was pledged. Had that been done she would at least have released her 10 shares of stock, and as between her and her husband he would have been indebted to her on that account $250. That would have been a debt that she might have enforced against him, if he had not seen proper to adjust it voluntarily.
It was formerly held before the enactment of the
It follows that the judgment of the circuit court should have been to subject the 10 shares of stock of the husband, Jacob Eberhardt, first to the payment of the $250 paid for him by Mrs. Eberhardt to the bank,
Judgment reversed, and cause remanded for judgment in conformity herewith.