Myers v. Little
Myers v. Little
Opinion of the Court
delivered the opinion of the court.
The money of the appellant was invested in the lan'ds in controversy subsequent to the adoption of the Code of 1857, and her rights are measured by its provisions. By Art. XXIV., of Chap. 40 of that Code, it was declared “if the husband shall purchase property in his own name with the money of the wife, he shall hold the same only as trustee for her use ; but such trust shall be void as against the creditors of the husband, who contracted or gave credit in consequence of the possession of such property.”
The object of the statute was twofold. First, to prevent the husband, who presumably would transact the business of the wife owning a separate estate, from absorbing it by investments in his own name; and second, to protect creditors who dealt with him on the faith of the apparent ownership by him of the estate from the secret equity of the wife.
We find nothing in the statute supporting the proposition contended for by counsel for the appellant, that creditors are protected by the statute only in cases where the money of the
Both the spirit and letter of the law concur in declaring immunity from the claims of the wife where the contract is made or credit given in consequence of the, possession of the property by the husband, without regard to the time when, or the circumstances under which, the funds of the wife were invested.
The appellees personally neither contracted with nor gave credit to the husband, S. E. Myers, but the officers to whom the law delegated the authority to approve the sureties tendered by the administrator, gave credit to him because of the apparent ownership of the lands by Myers. These officers, though designated by law, and not selected by the ap-pellees, were in this matter the representatives of appellees’ interests, and the credit thus extended by their representatives entitles them to invoke the protection of the statute.
The decree is affirmed.
Reference
- Full Case Name
- Mary A. Myers v. J. P. Little
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- Syllabus
- 1. Mahried WOMAN. Trust in lands bóught by 'husband. Rights of creditors. Code of 1857. Art. SXIY, Chap. 40, of the Code of 1857, provided that, “ if the husband shall purchase property in his own name, with the money of his wife, he shall hold the same only as trustee for her use; but such trust shall be void, as against the creditors of the husband, who contracted or gave credit in consequence of the possession of such property.” This provision had the effect to protect creditors who contracted or gave credit upon the faith of property held by the husband in the circumstances contemplated by the statute, whether the wife’s money was used in paying for the property subsequently to the purchase thereof, or was invested in it at the time of the purchase. .g. Same. Trust m land, under Code of 1857. Officer contracting as representative of creditors. Where, under the Code of 1857, a husband bought land with his wife’s means, but took the title in his own name, and was afterwards accepted as surety on an administrator’s bond upon the faith of the officer, whose duty it was to take the bond, that he was the owner of the land thus held, the wife cannot assert her trust therein against the creditors of her husband who have obtained judgment upon such bond, they being protected by the statutory provision above quoted.