Legal Opinion · Dissent

Bingham v. National Bank

Montana Supreme Court

Decided July 6, 1937No. 7,620Published

1DissentJustice Angstman

In my opinion, the majority opinion announces incorrect statements of law leading to an erroneous conclusion. While the authorities are not uniform on the question, the decided weight of judicial authority supports the view that where a wife advances money for the purchase of property the legal title to which is taken in the name of the husband, a resulting trust arises in favor of the wife and the transaction is not to be deemed a gift by the wife to the husband. The majority have announced the correct rule where the husband advances the money and title is taken in the name of the wife, but…

2Cases cited22 opinions

  1. Stickney v. StickneySupreme Court of the United States · 1889
  2. Fawcett v. FawcettWisconsin Supreme Court · 1893
  3. Klind v. Valley County BankMontana Supreme Court · 1924
  4. Roman v. AlbertMontana Supreme Court · 1928
  5. Grorud v. LosslMontana Supreme Court · 1913

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