Greaves v. Atkinson

Citations

• 68 Miss. 598

Syllabus

<p>j. Resulting Trust. Husband and wife. Code 1857, p. 33S.</p> <p>Independently of code 1857 (p. 336) creating a trust in such cases, at common law, a wife could, to the same extent and under the same circumstances as other persons, acquire a resulting trust in land bought by her husband in his name with her money.</p> <p>2. Bona fide Purchaser. Affirmative defense. Demurrer.</p> <p>In a bill to enforce a resulting trust in land against one who has purchased from the trustee, where the facts of the purchase are shown, and it thereby appears that the defendant is a purchaser for value, he may raise the defense by demurrer. But, where the facts do not so appear, the defense, being affirmative, must be raised by plea or answer.</p>