FREE BOOKS

Author's List




PREV.   NEXT  
|<   144   145   146   147   148   149   150   151   152   153   154   155   156   157   158   159   160   161   162   163   164   165   166   167   168  
169   170   171   172   173   174   175   176   177   178   179   180   181   182   183   184   185   186   187   188   189   190   191   192   193   >>   >|  
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
PREV.   NEXT  
|<   144   145   146   147   148   149   150   151   152   153   154   155   156   157   158   159   160   161   162   163   164   165   166   167   168  
169   170   171   172   173   174   175   176   177   178   179   180   181   182   183   184   185   186   187   188   189   190   191   192   193   >>   >|  



Top keywords:

husband

 

liable

 

account

 
agreement
 

property

 
circumstances
 

provisions

 

deserts

 

States

 

materials


contractor

 

direction

 

interest

 

curious

 

rights

 
married
 

building

 

notified

 
trustee
 

intention


furnish

 

erection

 

United

 

settlement

 

common

 

thereon

 

furnished

 
necessaries
 

FINDING

 

leaves


general
 

represents

 
representation
 

stands

 

modifying

 

statutory

 
essentially
 

responsible

 

separates

 

supplied


supply

 

appropriation

 

demanded

 

reclaimed

 
family
 

recovered

 

separate

 
inferred
 

create

 

benefit