92 Ga. 260 | Ga. | 1893
The deed to be construed purports on its face to have been made by Henry B. Plant and Margaret J. Plant, his wife, parties of the first part, in consideration of the
Having ascertained that no trust can be arrived at by mere construction of the deed itself, it remains to be considered whether any such result can be reached by means of the extrinsic facts brought to light in the record. Before the execution of the deed, the property conveyed belonged exclusively to Mr. Plant, Mrs. Plant having no proprietary interest in it whatever. His ownership was derived by purchase from a third person, and was not derived from or through his wife by marriage or otherwise. This being so, it was wholly unnecessary for her to join with him in the conveyance, or to manifest her consent to it in any manner. It was not necessary even for the purpose of barring dower. Code, §§1763, 1764 (5). As she had no title to the property, and no interest, legal or beneficial, in it, no question as to her capacity to deal with her husband without the sanction of the proper court arises. And certainly no trust in her behalf could arise by implication from the mere fact that she joined with her husband in executing the deed, whether the purchase money was in fact paid to both, as the deed recites, or not. The conceded facts in the record clearly show that no such trust could possibly have arisen out of the transaction, in behalf of her or of any one else. The property belonged to Mr. Plant, and to him alone. His associates, Walters
Judgment affirmed.