Smith v. Smith

It is a familiar and well established rule, that where one purchases land with his own money, and the legal title is taken in the name of his wife or child, the law raises a presumption that it was intended as an advancement. Finch v. Finch, 15 Ves. 50; Read v. Huff, 40 N. J. Eq. 234, and cases cited; Maxwell v. Maxwell, 109 Ill. 588; Perry on Trusts, see. 146.

The presumption thus arising may be rebutted or supported by evidence of antecedent or contemporaneous acts, facts or circumstances, connected with the purchase, or so immediately thereafter as to be fairly considered a part of the…