Snider v. Udell Woodenware Co.

Citations

• 74 Miss. 353

Syllabus

<p>1. Husband and Wife. Conveyances between. Acknowledgment. Notice. Code 1893, l 2394.</p> <p>Under § 2294, code 1892, providing that conveyances between husband and wife shall be invalid as against third persons, unless acknowledged and recorded, an unacknowledged deed from a husband to his wife is invalid as against the attaching creditors of the husband, although recorded, and such creditors, prior to attaching, had actual notice of the conveyance and of its contents as they appeared of record. Citing Montgomery v. Scott, 61 Miss., 409.</p> <p>2. Equity. Illegal act. Dema/nd connected therewith.</p> <p>The test whether a demand connected with an illegal act can be enforced, is whether the plaintiff requires any aid from the illegal transaction to establish his ease. Citing Qilliam v. Brown, 43 Miss., 641.</p> <p>3. Same. Case.</p> <p>A tenant in common who in the prosecution of a scheme to acquire the interests of her co-tenants causes her husband to buy the land for her sole benefit at tax sale, the conveyance being made to the husband, cannot, as against his attaching creditors, maintain a bill to enforce a resulting trust in the land on the ground that her money was used in the purchase.</p>