Moulton v. Haley
Supreme Court of New Hampshire
From Strafford Circuit Court. Bill in Equity. Tried before Band, J., who reported the following facts for the opinion of this court: The plaintiff is the wife of Stephen' E. Moulton, and the defendant, when the suit was commenced, was a creditor of said Moulton by a judgment recovered in the supreme judicial court of Maine for the sum of $108.60 damages, and $11.63 costs.
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From Strafford Circuit Court. Bill in Equity. Tried before Band, J., who reported the following facts for the opinion of this court: The plaintiff is the wife of Stephen' E. Moulton, and the defendant, when the suit was commenced, was a creditor of said Moulton by a judgment recovered in the supreme judicial court of Maine for the sum of $108.60 damages, and $11.63 costs. The plaintiff was married to said Moulton on August 20,1859, and had at the time of the marriage property and estate in her own right, in joart the proceeds of her own earnings, and in part received by her by inheritance. In…
1Opinion of the Court
FROM STRAFFORD CIRCUIT COURT. It seems to me the decision of this case cannot stand on the ground that the plaintiff is estopped by her conduct to claim a resulting trust in her favor in the land bought and paid for with her money. The deed was taken in the name of her husband without her knowledge, and against her consent. And even if she had consented, if she had made the purchase herself and directed the deed to be made running to her husband, I do not see how, then, any doctrine enunciated in Horn v. Cole, 51 N.H. 287, would apply. Unless there was something to rebut the presumption of a…
2Cases cited3 opinions
- Horn v. ColeSupreme Court of New Hampshire · 1868
- Houston v. ClarkSupreme Court of New Hampshire · 1871
- Hall v. YoungSupreme Court of New Hampshire · 1858