Naler v. Ballew
Supreme Court of Arkansas
• Appeal from Polk Chancery Court; James D. Shaver, Chancellor; In transactions between husband and wife whereby her property become vested in hinq the onus is on him, and on those holding under him, to show the bona tides of the transactions'. Where a disposition of her property is attempted which is beneficial to him and injurious to her, he becomes her ,trustee, and every reasonable intendment is indulged against him.
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• Appeal from Polk Chancery Court; James D. Shaver, Chancellor; In transactions between husband and wife whereby her property become vested in hinq the onus is on him, and on those holding under him, to show the bona tides of the transactions'. Where a disposition of her property is attempted which is beneficial to him and injurious to her, he becomes her ,trustee, and every reasonable intendment is indulged against him. Harris, on Contracts by Married Women, § 599; 30 Miss. 161; 36 Miss. 510; id. 640; 39 Miss. 462. 1. Where a husband receives fund of his wife and with her knowledge and…
1Opinion of the CourtHiur, C. J.
Baker Ballew, the appellee, brought suit in equity against appellants, who are the brothers and sister of his deceased wife and her next of kin, to quiet his title to a half block of ground in Mena. They answered, asserting title to said property, and by cross-complaint sought to recover of Ballew other property in the hands of other persons, who were made defendants to the cross-complaint, and also sought to hold Ballew trustee for them for another lot in Mena alleged to have been bought with money belonging to his deceased wife of which title was taken in himself, and for a judgmént against…
2Cases cited5 opinions
- Branch v. PolkSupreme Court of Arkansas · 1895
- Robinson v. EagleSupreme Court of Arkansas · 1874
- Simpson v. BiffleSupreme Court of Arkansas · 1896
- Trapnall v. HillSupreme Court of Arkansas · 1876
- Hannaford v. DowdleSupreme Court of Arkansas · 1905
3Cited by6 opinions
- McCoy Farms, Inc. v. J & M McKEESupreme Court of Arkansas · 1978
- B-W Acceptance Corp. v. ColvinSupreme Court of Arkansas · 1972
- Wood v. WoodSupreme Court of Arkansas · 1915
- Melton v. MeltonSupreme Court of Arkansas · 1917
- Hortonv. City of ParagouldSupreme Court of Arkansas · 1974
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