Gates v. Powell

Claim and Delivery ? Bailment ? Husband and Wife ? Statute of Limitations. Claim and Delivery ? Bailment ? Statute of Limitations. 1. Under section 9058, Revised Codes of 1921, the limitation of two years against an action to recover personal property (sec. 9033) by a bailor against his bailee does not commence to run until the latter refuses to return it on demand. Same ? Bailment ? Husband and Wife ? Statute of Limitations. 2. An action in claim and delivery by a divorced woman (bailor) against her former husband (bailee) to recover possession of personal property left by her in defendants home when she separated from him, instituted two years and six months after leaving him but within two years after his refusal to deliver it to her, was not barred under the above rule. (MR. JUSTICE MATTHEWS, dissenting.) Husband and Wife ? Law Favors Continuation of Marriage Relation. 3. The law favors continuation of the marriage relation rather than its dissolution. Same ? Duty of Wife. 4. The common-law rule that the wife owes the duty to the husband to attend to all ordinary household duties and labor in the advancement of the husbands interests without compensation was not changed, but is recognized, by section 5797, Revised Codes of 1921, in providing that all work and labor performed by a married woman for a person other than her husband and children is presumed to be performed for her own account. Same ? Property of Wife ? Presumptions ? Erroneous Instruction. 5. An instruction in an action in claim and delivery by a divorced woman against her former husband that property bought in the name of the wife with her own or her husbands money is presumed to be the property of the wife was erroneous. - Page 555