French v. Motley
Supreme Judicial Court of Maine
Bill in equity, brought under R. S., c. 61, § 1, by an execution creditor of George H. Motley to compel the payment of the debt out of land conveyed by Seth H. Faunce to Mrs. Motley, upon the ground that the property was purchased by the husband and paid for with his earnings and labor, and that the wife paid no part of the consideration for it.
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Bill in equity, brought under R. S., c. 61, § 1, by an execution creditor of George H. Motley to compel the payment of the debt out of land conveyed by Seth H. Faunce to Mrs. Motley, upon the ground that the property was purchased by the husband and paid for with his earnings and labor, and that the wife paid no part of the consideration for it. Mr. Motley cleared a piece of land for Mr. Faunce, and to compensate him therefor, these premises, were, by his direction, conveyed to his wife, it having been originally agreed that he should take his pay for his services in this land. It was set up…
1Opinion of the Court
*328Rescript.
A husband may lawfully pay a bona fide debt due from him to his wife, for money of her own lent to him after marriage, by procuring, with her assent, a conveyance to her by a third person of land paid for by him.
When such conveyance is accepted by her in payment of such debt, she holds the land as if bought and paid for by herself with her own money or means, and it is not liable to be taken as the property of the husband, to pay his debts, contracted before such purchase.
In the absence of proof sufficient to establish a common fraudulent intent and design on the part of the husband…
2Cited by5 opinions
- Bank v. AtkinsonWest Virginia Supreme Court · 1889
- Goff v. RogersIndiana Supreme Court · 1880
- Lockren v. RustanNorth Dakota Supreme Court · 1899
- Fraser v. PassageMichigan Supreme Court · 1886
- Williams v. HarrisSouth Dakota Supreme Court · 1893