Myers v. Little

Citations

• 60 Miss. 203

Syllabus

<p>1. Mahried WOMAN. Trust in lands bóught by 'husband. Rights of creditors. Code of 1857.</p> <p>Art. SXIY, Chap. 40, of the Code of 1857, provided that, “ if the husband shall purchase property in his own name, with the money of his wife, he shall hold the same only as trustee for her use; but such trust shall be void, as against the creditors of the husband, who contracted or gave credit in consequence of the possession of such property.” This provision had the effect to protect creditors who contracted or gave credit upon the faith of property held by the husband in the circumstances contemplated by the statute, whether the wife’s money was used in paying for the property subsequently to the purchase thereof, or was invested in it at the time of the purchase.</p> <p>.g. Same. Trust m land, under Code of 1857. Officer contracting as representative of creditors.</p> <p>Where, under the Code of 1857, a husband bought land with his wife’s means, but took the title in his own name, and was afterwards accepted as surety on an administrator’s bond upon the faith of the officer, whose duty it was to take the bond, that he was the owner of the land thus held, the wife cannot assert her trust therein against the creditors of her husband who have obtained judgment upon such bond, they being protected by the statutory provision above quoted.</p>