Ball v. Moore

ON REHEARING.

Upon the question dealt with in headnotes 3 and.3(a), supra:

1. The circumstance that the deed from the wife to the husband was apparently voluntary, whereas a gift was not in fact contemplated by the parties, but the instrument was only a part of a colorable scheme inaugurated by the creditor to obtain the property of the wife for payment of her husband’s debt, would not as against the wife, on account of the provisions of the Civil Code of 1910, § 3007 (Code of 1933, § 53-503), and the decisions of this court cited in headnote 2, prevent application of the five-year period of…