Norris v. Woods

Citations

• 89 Va. 873
• 17 S.E. 552
• 1893 Va. LEXIS 115

Syllabus

<p>1. Married Woman—Separate estate—Powers.-—A deed whereby land is conveyed to a married woman lor life, with power of appointment, as well as power to sell and re-invest the proceeds, does not give her a right to mortgage the property.</p> <p>2. Idem.—An instrument executed by a married woman as a mortgage on her separate estate, but invalid as such, her husband not uniting in its execution, does not create an equitable lien on the estate.</p> <p>3. Resulting Trust.—Such trust must arise, if at all, by the payment of the money by the person claiming the same at the time of the execution of the conveyance; and, where a trustee subsequently advanced money to pay off a lien reserved in the conveyance for the purchase-money of the land—</p> <p>Held :</p> <p>No trust results in his favor.</p> <p>4. Subrogation.—Where such trustee takes from his cestui que trust (a married woman) an invalid mortgage and bonds, as security for money subsequently advanced by him to extinguish such lien—</p> <p>Held :</p> <p>He is not entitled to be subrogated to said lien.</p>