Gilliland v. Gilliland

• Decision Date: 20 December 1888
• Citation: 10 S.W. 139,96 Mo. 522
• Parties: GILLILAND v. GILLILAND.
• Court: Missouri Supreme Court

10 S.W. 139

96 Mo. 522

GILLILAND v. GILLILAND.

Supreme Court of Missouri.

December 20, 1888.

1. TRUSTS — RESULTING TRUSTS — PRESUMPTION — REBUTTAL.

Where a conveyance of land is made to a wife at the husband's instance, the presumption of a resulting trust in his favor is rebutted, though he furnished the purchase money.

2. HUSBAND AND WIFE — WIFE'S SEPARATE PROPERTY — LIABILITY FOR HUSBAND'S DEBT.

A sale of the land, and the investment of the proceeds in other land in the wife's name, gives the husband no interest therein, subject to his debts, under the Missouri married woman's act, though he receives such proceeds, and places them in bank in his own name, pending the purchase of the other land.

Appeal from circuit court, Johnson county; NOAH M. GIVAN, Judge.

Action by James A. Gilliland against Mildred S. Gilliland. Judgment for defendant, and plaintiff appeals.

Samuel P. Sparks, for appellant. O. L. Houts and Krum & Jonas, for respondent.

SHERWOOD, J.

The defendant is the widow and relict of W. K. Gilliland, who departed this life May 20, 1885. In February, 1870, the decedent purchased, with his own means, 160 acres of land in Vernon county, and had the title conveyed to his wife, by deed in ordinary form, which was recorded in May next thereafter. At that time the husband was not indebted, and had, after paying for the land, some $1,700 in cash, and some $500 in personal property, and there is an entire absence of any intention on his part to defraud subsequent creditors. In October, 1874, the husband executed a note for $285, to plaintiff, upon which judgment was obtained in February, 1885, and the next month this proceeding was instituted, having for its object the subjection of 120 acres of land in Johnson county, the legal title whereof was in the wife to the payment of the debt aforesaid. This 120 acres was bought by the wife with the greater portion of the proceeds of the sale of the 160 acres of Vernon county land, and the conveyance was made to the wife, and $200 of money arising from the sale of the Vernon county land, as well as $100 of the wife's money, were applied in part payment of the purchase money of 60 acres of land bought at the same time from Farnsworth, who deeded the 60 acres to the husband, and took a deed of trust on the same to secure the residue of the purchase price. This transaction occurred in August, 1883, and the respective deeds were duly recorded. Upon these facts, thus briefly outlined, the court below found and gave judgment for defendant, and plaintiff appeals.

The purchase money being furnished by the husband for the purchase of the Vernon county land, and the conveyance being made to her...