134 Tenn. 169 | Tenn. | 1915
delivered the opinion of the Court.
On September 22, 1910, Mrs. Isa Bryant, representing herself as a widow, sold and conveyed to defendant T. H. Freeman her tract of eighteen and one-half acres of land lying in Wilson county, this State, for the
1. We think the defense is well founded. The law intends the disability of coverture as a shelter, not as a cloak for fraud. When used for the latter purpose, it will not be permitted to inflict a wrong on innocent people. Pilcher v. Smith, 2 Head (39 Tenn.), 208; Cooley v. Steele, 2 Head. 605; Howell v. Hale, 5 Lea (73 Tenn.), 405; Gates v. Card, 9 Pick. (93 Tenn.), 334, 341, 24 S. W., 486; Rawley v. Burris (Ch. App.), 47 S. W., 176. It has also been held that a married woman may estop herself by acts ím pais done with
2. The husband claims that he’ is entitled to his estate of tenancy by the curtesy intiate, so called in Guion v. Anderson, 8 Humph. (27 Tenn.), 325. The additional facts bearing on this, aspect of the case are that there were two children born to Zeke Bryant and his wife; also that Mrs. Bryant, on receiving the $850 in cash for her small tract, immediately reinvested $750 of the fund in a house and lot in the city of Nashville, taking title in her own name. We cannot doubt that Zeke Bryant knew that this home was bought by his wife with the proceeds of her eighteen and one-half acres, since they had no other means. With this knowledge, he subsequently joined her in conveying the Nashville property to a third party. He thereby ratified her act in selling the eighteen and one-half acres, and reinvesting the proceeds in the Nashville property and estopped • himself from resorting to the Wilson county property, from which such funds were derived. Either this is true, or we must conclude that he intended to practice a fraud by seeking to- avail himself of the benefits of both pieces of real estate.
3. It is insisted, however, that at all events complainants are entitled to recover the eighteen and one-half acres as a homestead. This contention is based
For the reasons stated, we are of the opinion that the chancellor committed no error in dismissing the bill, and his decree is therefore affirmed.