Teter v. Viquesney

Citations

• 179 F. 655
• 103 C.C.A. 213
• 1910 U.S. App. LEXIS 4685

Syllabus

<p>1. Bankruptcy (§ 140*) — Contribution, by Wipe to Purchase 'of Property.</p> <p>Tbe wife of a bankrupt filed a petition 'alleging that some 29 years prior to the bankruptcy her husband’s father conveyed to Mm certain land, wMch be still owned, valued at $3,000; that $2,000 of tbe consideration was an advancement and tbe remainder was to be paid by petitioner, a part of it being evidenced Iby notes given by her husband; that she furnished ber husband with money from her separate estate to make d cash payment and to pay the notes when they matured; that tbe notes when paid were turned over to her together with the deed, which was unrecorded, to he held by her as security that she should have a proportionate-interest in the land or ai vendor’s lien thereon for the money advanced No written agreement was made, the notes were not assigned to her nor was anything ever done to vest her with any title to or lien upon the land which remained in the possession of her husband, who gave a trust deed thereon without objection on her part. Held that, under the law of West Virginia, where a wife delivers money or property to her husband which he uses in his business, the presumption is that a gift was intended, the testimony alone of the husband and wife to a parol agreement between them as alleged in the petition was insufficient to overcome such presumption, and entitle petitioner to enforce such agreement as against the bankrupt’s creditors.</p> <p>[Ed. Note. — For other cases, see Bankruptcy, Cent Dig. §§ 216, 225; Dec. Dig. § 140.*]</p> <p>2. Bankruptcy (§ 209*) — Proceeding to Establish Lien — Pleading.</p> <p>A petition filed in a court of bankruptcy praying that petitioner be adjudged a creditor of a bankrupt and entitled to priority of payment from the proceeds of certain lands cannot be treated as a bill in equity to establish a resulting trust in such lands, which would be inconsistent with the relief prayed for.</p> <p>[Ed. Note. — For other cases, see Bankruptcy, C