In re Carpenter

Citations

• 179 F. 743
• 1910 U.S. Dist. LEXIS 295

Syllabus

<p>1. Husband and Wife (-§ 49%*) — Transactions Between Husband and Wife — Gift—Presumption.</p> <p>Where a wife on coming of age receipted to her husband for a sum of money which he held as her guardian, but he retained the money, a gift is not presumed unless the circumstances make it plain that it was so intended.</p> <p>[Ed. Note. — For other cases, see Husband and Wife, Cent Dig. § 259; Dec. Dig. § 49%.*]</p> <p>2. Husband and Wife (§ 49%*) — Transactions Between Husband and Wife — Gift^-Evidence.</p> <p>Evidence held insufficient to show that the parties intended a gift of a wife’s money to her husband, when she receipted for the money, though he retained it in his possession.</p> <p>[Ed. Note. — For other cases, see Husband and Wife, Cent. Dig: § 260; Dec. Dig. § 49%.*]</p> <p>3. Husband and: Wipe (§ 43*) — Transactions Between Husband and Wipe —Loan—Evidence.</p> <p>To constitute the relation of debtor and creditor between husband and wife, where she receipted to him for money which he retained in his possession, there must be some evidence of a contract between the parties, and a note executed by the husband without the wife’s knowledge, and wEich was never delivered to her, is not sufficient.</p> <p>[Ed. Note. — For other cases, see Husband and Wife, 'Cent Dig. § 226; Dec. Dig. § 43.*]</p> <p>.4. Husband and Wipe (§ 113*) — Separate Property of Wife — Conveyances and Contracts to Convey.</p> <p>Under the Constitution and laws of South Carolina, the real and personal property-of a married woman, whether held by her at the time of her marriage or accruing to her thereafter by inheritance or otherwise, becomes h,er separate property, and she may dispose of it to the same extent as if she were unmarried; the husband having no marital rights such as existed at common law, but being under the same obligation as at common law to support and maintain the wife and family.</p> <p>[Ed. Note. — For other cases, see Husband and Wife, Cent. Dig. § 394; Dec. Dig. § 113.*