Chatman v. Hall

FOSTER, Justice.

Complainant is not required to rely on fraud to sustain her equitable claim in this case. She and her husband are alleged to have been tenants in common of real estate, giving a mortgage upon it. If he became the purchaser of that outstanding interest, directly or through a succession of transactions, it operated to the benefit of complainant, with or without fraud. The allegation of fraud is surplusage. If complainant’s husband used his own funds in acquiring the outstanding title, complainant has the right in equity to contribute her one-half of the amount so used, and…