Brierre v. Fidelity Homestead Ass'n

Citations

• 13 Tiess. 380

Syllabus

<p>Syllabus.</p> <p>1. B. G. C., 1749, with respect to the revocability of inter-spousal donations, applies to donations by manual gift as well as to those of more solemn form, and permits the wife to invoke the right of revocation against third possessors acquiring from the husband with full knowledge that his title is derived directly .from the wife.</p> <p>2. Act 74 of 1894 does not remove from the operation of R. C. C., 1749 and 2446, sales or donations between husband and wife of the stock of homestead associations. The object and effect of the statute, as announced in 'its title, is merely to enable the wife to act without the authority or assistance of the husband.</p> <p>3. Act 215 of 1912 shields corporations from the assertion of “undisclosed or latent” equities, but cannot be extended to cases where the vice in the title is patently revealed by the nature of the transaction itself.</p>