McMasters v. Edgar

Citations

• 22 W. Va. 673
• 1883 W. Va. LEXIS 90

Syllabus

<p>1. Where property is alleged to have been purchased by a wife, or a conveyance of property is made to her during coverture, the burden is upon her to prove distinctly that she paid for it with means not derived from her husband. Evidence, that she made the purchase, or that the property was conveyed to her, amounts to nothing, unless it is accompanied by,clear and full proof that she paid for it with her own separate estate; and in the absence of such proof the ju’esumjftion is that her husband furnished the means to pay for it and it will be subject to his debts, (p. 676.) . • '</p> <p>2. A husband sells his land in The State of Ohio and shortly thereafter a tract of land is purchased in this State and the deed ' therefor made to his wife, and the husband and wife move to ,and reside upon the land. The husband prior, to the sale of his land in Ohio is indebted. The said indebtedness-remaining unpaid his creditor obtains a judgment for it in this State after the land had been conveyed to his wife. The creditor then files his bill to subject said land to the payment of his judgment upon the ground that the conveyance to the wife was voluntary and fraudulent as to him. During the pendency of the suit the wife sells and conveys the land to her son who up to this time had been living in Ohio but soon after' moves upon said land. The evidence shows that the wife had no separate estate to pay for said land, and the circumstances were such that the son must have had the means of knowing this fact. Held : •</p> <p>That such creditor of the-husband is entitled to subject said land to the satisfaction of his judgment, (p.,-677.) ,.-w</p>