Yates v. Law

Citations

• 86 Va. 117
• 9 S.E. 508
• 1889 Va. LEXIS 17

Syllabus

<p>1. Husband and wife—Purchases by wife—Presumption—Evidence.—It is a presumption of law, not affected by the married woman’s act, that husband owns all property in possession of wife, especially if living together; and to overcome it she must show by affirmative proof that the property is her own, and was acquired by means not derived from him, if he be insolvent; and this rule exists in favor of all persons having the right to have his property applied to pay his debts.</p> <p>2. Chancery practice-—Mullifariousness—Parties —Where the principal object of the bill is to have the profits of a lease collected and applied to pay certain decrees against complainant and insolvent defendant, a prayer that accounts be taken to ascertain the rights of the parties under the lease, and the profits applied to pay the decrees and the balance according to the rights of the parties, does not make the bill multifarious, but the decree creditors should be made parties.</p>