Smith v. Gauby

Citations

• 43 Fla. 142

Syllabus

<p>1. rféchanics and materialmen’s liens provided for by Sections 1726 to 1749. Revised Statutes, do not apply to the separate statutory property of married women.</p> <p>2. Section 2, Article XII, Constitution of 1885, providing that a married woman’s separate real or personal property may ' be charged in equity and sold, or the uses, rents and profits thereof sequestrated for the purchase money thereof or for labor and material used with her knowledge or assent in the construction of buildings or repairs or improvements upon her property does not create a lien upon the property to secure the demands named. It merely authorizes courts of equity to charge the property with the payment of such demands and until proceedings for that purpose are begun there is nothing in this section of the constitution or in any statute in force which denies to the married woman the right to sell her property in the manner pointed out by other statutes permitting her to do so. If the sale is made in good faith with no intention of defrauding, hindering or delaying persons holding such demands, the property in the hands of the purchaser will not be liable to be charged with the payment of such demands.</p> <p>3. Where a bill in equity alleges that the title to real property is in a wife by deed executed to her, but does not allege that the property was purchased with the husband’s money for his benefit, or that the deed declared a trust for his benefit, an allegation that the deed was made to the wife as a matter of convenience to the husband and that he is' the real and reputed owner of the property described therein, states a mere conclusion, and is insufficient to show that the wife holds the property as a trustee for the husband.</p>