e, and he must account for it,
or expend it on her account by her authority or direction, or that she
gave it to him as a gift. If he receives interest or income and spends
it with her knowledge and without objection, a gift will be presumed
from acquiescence.
Money received by a husband from his wife and expended by him, under her
direction, on his land, in improving the home of the family, is a gift,
and cannot be recovered by the wife, or reclaimed, or an account
demanded.
An appropriation by a wife, herself, of her separate property to the use
and benefit of her husband, in the absence of all agreement to repay, or
any circumstances from which such an agreement can be inferred, will not
create the relation of debtor and creditor, nor render the husband
liable to account.
Though no words of gift be spoken, a gift by a wife to her husband may
be shown by the very nature of the transaction, or appear from the
attending circumstances.
A wife who causelessly deserts her husband is not entitled to the aid of
a court of equity in getting possession of such chattels as she has
contributed to the furnishing and adornment of her husband's house. Her
legal title remains, and she could convey her interest to a third party
by sale, and said party would have a good title, unless her husband
should prove a gift.
Wife's property is not liable to a lien of a sub-contractor for
materials furnished to the husband for the erection of a building
thereon, where it is not shown that the wife was notified of the
intention to furnish the materials, or a settlement made with the
contractor and given to the wife, her agent or trustee.
The common law of the United States has some curious provisions
regarding the rights of married women, though in all the States there
are statutory provisions essentially modifying this law. As it now
stands the husband is responsible for necessaries supplied to the wife
even should he not fail to supply them himself, and is held liable if he
turn her from his house, or otherwise separates himself from her without
good cause. He is not held liable if the wife deserts him, or if he
turns her away for good cause. If she leaves him through good cause,
then he is liable. If a man lives with a woman as his wife, and so
represents her, even though this representation is made to one who knows
she is not, he is liable the same way as if she were his wife.
THE LAW OF FINDING.
The general rule is th
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