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Reports of Cases Argued and Determined in the Supreme Court of Alabama (Volume 67)

Reports of Cases Argued and Determined in the Supreme Court of Alabama (Volume 67)


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Book may have numerous typos, missing text, images, or index. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. 1882. Excerpt: ... [Nettles v. Nettles.] her, if the statutory lien was capable of extension to an implied contract.--Fetter v. Wilson, 12 B. Monroe, 90; Saiver v. Bandow, 43 Wise, 556; Hughes v. Peters, 1 Cald. (Tenn.) 67; Bliss v. Pattem, 5 R. I. 476. The lien, as we have said, is effectual and capable of enforcement only against the estate of the contractor or employer. Whether the premises are the statutory or equitable separate estate of the wife, the husband had no estate or interest liable for the payment of his debts, or on which a lien could be created. Under the present statute (Code of 1876, 3440), a married woman may contract for improvements on her real estate, and subject it to a mechanic's lien. Ex parte Schmidt, 62 Ala. 252; Schmidt v. Joseph, MSS. The decree is reversed, and a decree must be here rendered dismissing the bill at the costs of the appellees in this court, and in the Court of Chancery. Nettles v. Nettles. Bill in Equity to Establish a Resulting Trust in Land. 1. Wife's interest in lands purchased by her husband with money belonging to her statutory separate estate.--When a husband invests the money of his wife, belonging to her statutory separate estate, in lands, and takes the title in his own name, an equity at once arises in the wife's favor either to charge the lands with the payment of the money or to claim the lands themselves by way of a resulting trust. 2. Same; equity, how created.--The equity is not a direct or express trust which can be created only by instruments in writing, duly signed by the grantor, or declared, but is one that results by implication or construction of law. 3. Relation of husband and wife to the subject of the trust, --The husband is invested with the legal title with every apparent indicium of ownership, while the wife enjoys o mere ...


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Product Details
  • ISBN-13: 9781153979900
  • Publisher: General Books
  • Publisher Imprint: General Books
  • Height: 246 mm
  • No of Pages: 312
  • Spine Width: 17 mm
  • Width: 189 mm
  • ISBN-10: 115397990X
  • Publisher Date: 01 Jan 2012
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Weight: 612 gr


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