8 Kan. 85 | Kan. | 1871
The opinion of the court was delivered by
About the only difference between contracts made between husband and wife concerning their separate property, and those made between other persons is, that contracts made between husband and wife in order to be valid and binding must be equitable, while contracts made between other persons may often be valid and binding though not equitable. In any case if contracts tend to defraud creditors they are void. In the present case it seems from the record that the contract was Iona fide, equitable, and upon a good and sufficient consideration. And there is nothing that tends in the least to show that the contract was made to defraud, or that it did defraud the husband’s creditors. This horse may have been sold to the wife long before any credit was given to the husband; and the party giving the credit to the husband may have known at the time that the horse belonged to the wife. There is nothing in the record that tends to show the reverse; and unless it can be seen from what is brought here that the court below committed an error the judgment will not be reversed.
We think from the record in this ease that said Sarah A. Orns was the equitable owner of said horse, and that she could maintain an action of replevin for the recovery of the same.
The judgment of the court below is affirmed.