Butterfield v. Stanton

Citations

• 44 Miss. 15

Syllabus

<p>1. Statute — Consteuction—Tkusts—Liens.—The statute, Eo^. Code, 886, ait. 24, is in its effect, exceptional and almost penal, and ought, thorofore, to be strictly construed. Though it declares the trust therein specified yoid as to a certain class of creditors, it creates no lien in their favor on the property which is thus subjected to their debts, and is bound only as other property, there being no lion until one is obtained by judgment or otherwise.</p> <p>2. Statutoby men — Debtor and creditor — Pbactxoe.—To benefit creditors, tlie contract of credit ought to be based upon the property, and it should be made definitely to appear at the time, that the possession of the particular property was the inducement to the giving of the credit; the creditor seeking the advantage of the statute must bring himself affirmatively within its provisions.</p> <p>3. Mabbied women’s daw — Sepabate property. — The married woman’s law o^ 1839, Huch. Code, 497, § 1, did not change the rule in equity relative to the property of the wife, but left it as it stood before, it being evidently the intention of the legislature to effect no change whatever in the law relative to gifts, etc., from the husband to the wife. 24 Miss., 181.</p> <p>4. Speoieio performance — Statute op pkauds. — Where, to a bill for specific performance, the statute of frauds could have been successfully interposed, yet, if the conveyance has been made, and for a valuable consideration and from honest motives, it ought to be sustained.</p> <p>5. Separate estate op wipe — Applied to husband’s debts exonerated. — 'Where a wife charges her estate with the payment of her husband’s debts, or applies her separate estate to such purposes, and it does not appear to have been intended by her as a gift to her husband, equity will decree the husband’s assets to be applied in exoneration of her estate, or in re-payment of the money advanced. Cord, § 980, p, 525; 36 Miss., 510.</p> <p>6. Husband may tbanspee to wiee — Good as