Carpenter v. Gibson
Supreme Court of Arkansas
Appeal from Arkansas Chancery Court; John M. Elliott, Chancellor; STATEMENT BY THE COURa. Appellee brought an action in ejectment against appellant for certain lots in the town of DeWitt, claiming title thereto under a deed from Hattie Carpenter, wife of appellant.
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Appeal from Arkansas Chancery Court; John M. Elliott, Chancellor; STATEMENT BY THE COURa. Appellee brought an action in ejectment against appellant for certain lots in the town of DeWitt, claiming title thereto under a deed from Hattie Carpenter, wife of appellant. Appellant claimed that he purchased the property as a homestead, paid his own money therefor, and took the deed thereto in the name of his wife, who was to hold same in trust for his benefit; alleged that he was in possession of it at the time of appellee’s purchase and the conveyance to her, and that she was not an innocent…
1Opinion of the Court
Kirby, J.,
(after stating the facts). It is contended by appellant that the lots in controversy were not a gift to his wife, but were held in trust for him. *
In Harbour v. Harbour, 103 Ark. 273, the court said: “It has been frequently held that where the husband purchased and paid for lands, taking the deed therefor in the name of his wife, the presumption is that his money, thus used, was intended as a gift to her, and the law does not imply a promise or obligation on her part to refund the money or to divide the property purchased or to hold the same in trust for him. His conduct is…
2Cases cited6 opinions
- Spradling v. SpradlingSupreme Court of Arkansas · 1911
- Womack v. WomackSupreme Court of Arkansas · 1904
- Harbour v. HarbourSupreme Court of Arkansas · 1912
- Chambers v. MichaelSupreme Court of Arkansas · 1903
- O'Hair v. O'HairSupreme Court of Arkansas · 1905
1 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Ramsey v. RamseySupreme Court of Arkansas · 1975
- Bray v. TimmsSupreme Court of Arkansas · 1924
- Umberger v. WestmorelandSupreme Court of Arkansas · 1951
- Aycock v. BottomsSupreme Court of Arkansas · 1940
- Kosters v. HooverCourt of Appeals for the D.C. Circuit · 1938
4 more not listed; retrieve them via the Exa API.