Thorn v. Weatherly
Supreme Court of Arkansas
APPEAL from Green Circuit Court. W. H. Cate, Judge, Under the facts in this case equity will hold the husband held the legal title in trust for wife, The property was purchased with the wife’s money that came from her father’s estate in Tennessee in 1872. The old rule was, that the mere fact that the wife allowed the husband to receive and keep her funds, the law presumed that he was authorized to keep them as Ms own. Abb. Tr.
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APPEAL from Green Circuit Court. W. H. Cate, Judge, Under the facts in this case equity will hold the husband held the legal title in trust for wife, The property was purchased with the wife’s money that came from her father’s estate in Tennessee in 1872. The old rule was, that the mere fact that the wife allowed the husband to receive and keep her funds, the law presumed that he was authorized to keep them as Ms own. Abb. Tr. Ev., 173-4. But the more enlightened rule is: The husband’s dealing with the wife’s funds, in the absence of proofs to contrary, will be presumed to do so as agent of…
1Opinion of the CourtCockrill, C. J.
The bill in this case was filed by the appellees against Josiah Thorn and his wife Martha, to reform a deed executed by'Josiah Thorn to J. B. Thorn^ whose estate is represented by the appellees. The deed did not correctly describe the tract of land which Josiah had sold to J. B. Thorn. Martha Thorn, the wife of the grantor joined in the deed to relinquish dower. The court granted the relief prayed by the plaintiff as to the husband, but refused it as to the wife. As the plaintiffs have not appealed and Josiah does not complain no question arises upon that branch of the case. Martha Thorn…
2Cases cited5 opinions
- Norris v. HarrisCalifornia Supreme Court · 1860
- Flato v. MulhallSupreme Court of Missouri · 1880
- Oliver v. RobertsonTexas Supreme Court · 1874
- Lichtenberger v. GrahamIndiana Supreme Court · 1875
- Tinkler v. CoxIllinois Supreme Court · 1873
3Cited by7 opinions
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- Mathieson v. St. Louis & San Francisco RailroadSupreme Court of Missouri · 1909
- St. Louis, Iron Mountain & Southern Railway Co. v. BrownSupreme Court of Arkansas · 1899
- Stull v. GrahamSupreme Court of Arkansas · 1895
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