Roane v. Rives
Supreme Court of Arkansas
Appeal from Jefferson Circuit Qowrt in Chmeery. Tbe Hon. Jorra: C. Murray, Circuit Judge. When title to personalty is vested in a trustee, who holds a naked legal title without other duties to perform, and tbe whole beneficial interest is vested in tbe wife, tbe husband tabes tbe property precisely as if tbe legal title to tbe property bad been vested in tbe wife directly.
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Appeal from Jefferson Circuit Qowrt in Chmeery. Tbe Hon. Jorra: C. Murray, Circuit Judge. When title to personalty is vested in a trustee, who holds a naked legal title without other duties to perform, and tbe whole beneficial interest is vested in tbe wife, tbe husband tabes tbe property precisely as if tbe legal title to tbe property bad been vested in tbe wife directly. Lamb vs. Mibies, 5 Ves. 517; IA/ndsa/y vs. Ilwr-rison, 3 Eng.302; Mallet vs. Thompson,8Pcdge 585;Kewriok vs. Becmolerk, 3 B. & O. 175; Tyl&r vs. Lake, It. <& M. 189; Mill on Trustees 421; White S Tud. Eg. Gas. 28, 42;…
1Opinion of the Court
Mr. Chief Justice "WatKINS
delivered the opinion of the Court.
The appellee, who is the widow of Thomas. II. Hives, by her bill of complaint, sought to recover a slave named Betsey, and her increase, together with hire of the negroes, then in possession of the defendant, as executrix of Sam C. Koane, deceased. It appears that, in the year 1832, in the State of Virginia, Hives sold and delivered the negro woman Betsey, for value received, to Martha Kowlet, to whom ho executed his bill of sale, and upon which she endorsed the following instrument:
“OiiESTEREiELD OouNty, March 1st, 1832.
■ I do give…
2Cited by1 opinion
- Denson v. ThompsonSupreme Court of Arkansas · 1857