Hill ex rel. Giddens v. Meinhard

Citations

• 39 Fla. 111

Syllabus

<p>1. Where it appears from a deed to a married woman attached to and made a part of her bill of complaint that certain real estate described in the hill is granted, bargained, sold, conveyed and confirmed to such married woman and her heirs and assigns forever, to have and to hold said property with the appurtenances and every part thereof to said married woman and to her heirs and assigns forever, this is a sufficient allegation that such property is her separate statutory property in a bill seeking to enjoin the sale thereof under an execution against her husband.</p> <p>2. Real estate conveyed by deed to a married woman direct, with words of transfer in the premises, -“grant, bargain, sell and convey and confirm unto the said party of the second part (the married woman), and to her heirs and assigns forever, all of the following piece,” and a habendum and tenendum clause “to haye and to hold the above mentioned and described premises, with the appurtenances and every part thereof, to the said party of the second part and to her heirs and assigns forever,” is the separate statutory property of such married woman.</p> <p>•3. By the stringent rules of common law a conveyance from a husband directly to his wife, without the intervention of a trustee, is void; but in courts of equity the object to be accomplished, and the considerations upon which such conveyances are made, will be considered, and if found meritorious and free from imposition and fraud, will be sustained; and this rule prevails even as against the husband’s creditors.</p> <p>-4, Where a husband purchases and improves real estate with the money of his wife, takes title thereto in his own name without her knowledge or consent, and subsequently conveys the property directly to his wife, without the intervention of a trustee, before any judgments are recovered against liim, such conveyance will invest the wife with an equitable title to the land conveyed.</p> <p>5. Where a husband purchases land with his