Watt v. Morrow
South Dakota Supreme Court
Appeal from circuit court, Lincoln county; Hon. Joseph W. Jones, Judge. Action by George P. Watt against Joseph Morrow and others. Judgment for plaintiff, and defendants appeal. Where one purchases land with his own money and the legal title is taken in the. name of bis wife or child, the law raises a presumption that it was intended'as an advancement.
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Appeal from circuit court, Lincoln county; Hon. Joseph W. Jones, Judge. Action by George P. Watt against Joseph Morrow and others. Judgment for plaintiff, and defendants appeal. Where one purchases land with his own money and the legal title is taken in the. name of bis wife or child, the law raises a presumption that it was intended'as an advancement. Pinch v. Pinch, 15 Wis. 50; Reed v. Huff, 40 N. J. Eq. 234; Maxwell v. Maxwell, 109 Ill. 591; Perry on Trusts, § 146; Thirty-third Northwestern, 36; Doll v. Gifford, 56 Pac. 676. The evidence shows that the bond for a deed was made in 1885, and…
1Opinion of the CourtCorson, P. J.
This action was brought by the plaintiff to subject certain property standimg of record in the name of the wife, Eliza Morrow, to the payment of the debt of her husband, Joseph Morrow. The case was tried by a referee, and his findings were confirmed by the court. The findings and judgment being in favor of the plaintiff, the defendants Joseph Morrow and Eliza Morrow have appealed.
The plaintiff, in his complaint, alleged, in substance, that • Joseph Morrow and Eliza Morrow were husband and wife; that certain judgments set forth in the complaint were entered against the husband; that the land…
2Cases cited12 opinions
- Garfield v. . HatmakerNew York Court of Appeals · 1857
- Taylor v. BowkerSupreme Court of the United States · 1884
- Dorman v. DormanIllinois Supreme Court · 1900
- Gates v. . AndrewsNew York Court of Appeals · 1868
- Weaver v. . HavilandNew York Court of Appeals · 1894
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