Shrader v. Shrader

Citations

• 119 Miss. 526
• 81 So. 227

Syllabus

<p>1. Tktjst. Resulting trust. Deed taken in husband’s name.</p> <p>Where land was purchased by a husband with his wile’s money and the deed taken in his name when the understanding was that it should be taken in her name, in such case a resulting trust arose in favor of the wife.</p> <p>2. Same.</p> <p>In such case where the wife only furnished a part of the purchase money a resulting trust arose in her favor for the part so furnished.</p> <p>3. Resulting Trust. Estoppel to assert. Petition for letters of administration.</p> <p>Where a man already wedded, married a second wife who was ignorant of the fact that he had another wife, and thereafter purchased land in his own name, with his second wife’s money and took the title in his own name in violation of an agreement to place the title in her name, she was not estopped from asserting a resulting trust in such lands either because after his death she filed a sworn petition in the chancery court averring that her husband died intestate, seized and possessed of such land, nor by her conduct in knowing that the deed had been taken in her husband’s name, and in failing to file a seasonable action in court to compel a conveyance from her husband in his lifetime.</p> <p>4. Same.</p> <p>In such case where the property so purchased was thereafter used as a homestead, making it appear unnecessary for the second wife to reform the deed in order to secure the property on her husband’s death; the husband would be estopped after ten years of married life with such second wife from pleading the illegality of the marriage in any contest with such second wife over property rights, where the second wife had no knowledge during such time, that she was not her husband’s lawful wife.</p> <p>5. Mabbiage. Estoppel.</p> <p>Under the facts in this case as set out in its opinion, the court held that the first wife was estopped to lay claim to the property bought by the husband with the second wife’s money on the ground of illegality of the