Legal Opinion

Hauser v. Hauser

Baltimore City Circuit Court

Decided February 4, 1910Published

1Opinion of the Court

NILES, J.—

The law is clear that a deed made to a wife for property purchased with her husband’s money is prima facie a gift to the wife, and does not create a resulting trust in favor of the husband.

Such a resulting trust may, however, be established if sufficient evidence be produced to rebut the contrary presumption and satisfy the court that a resulting trust was intended.

Berry on Trusts, Secs. 137, 143, 146.

Kreps vs. Kreps, 91 Md. 692.

Johnson vs. Johnson, 96 Md. 144.

Seibold vs. Christman, 7 Mo. App. 254.

The facts which are well pleaded in the bill being .admitted by the demurrer in this…

2Cases cited3 opinions

  1. Johnson v. JohnsonCourt of Appeals of Maryland · 1902
  2. Seibold v. ChristmanMissouri Court of Appeals · 1879
  3. Kreps v. KrepsCourt of Appeals of Maryland · 1900

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