43 N.H. 647 | N.H. | 1862
"We need not inquire whether there is sufficient proof that part of the purchase money of the real estate belonged to the husband; Page v. Page, 8 N. H. 202; for if such were the fact, it would not make the wife chargeable as his trustee. It is true that there arises a presumption of a trust in favor of one who pays the purchase money of land, when it is conveyed to a stranger, but such a presumption is rebutted in case the purchase can fairly be deemed to have been made for another, from motives of naturallove and affection. 2 Story Eq., sec. 1202; Baker v. Vining, 30 Me. 128. Upon this ground a purchase by a parent, in the name of a child, is deemed, prima facie, an advancement from which no trust
This view seems supjDorted by Farley v. Blood, 30 N. H. 354, 372. (See, also, Marshall v. Pierce, 12 N. H. 131, and Campbell v. Wallace, 12 N. H. 367.)
In Pembroke v. Allenstown, 21 N. H. 107, without adverting to the distinction between the eases of a wife or child and a stranger, the court held that where a husband purchased land in the name of his wife, a trust resulted in his favor. The question then was, whether the husband had gained a settlement, under our pauper laws, by the ownership of real estate. Whether the nature of the questiou or the other facts stated in that case may not render that decision sustainable on other grounds than the broad one stated, we need not inquire. The decision in Farley v. Blood, pronounced by the same justice who gave the opinion in Pembroke v. Allenstown, shows, we think, that the latter case could hardly have been regarded as decisive upon the general question. Tebbets v. Tilton, 21 N. H. 283, seems to have been decided solely upon the authority of Pembroke v. Allenstown. The case of Hall v. Young, 37 N. H. 134, is quite distinguishable, for there the conveyance was taken to a stranger, part of the consideration being paid by the wife and part by the husband. Under this state of authorities in New-Hampshire, we can not regard the question as settled by Pembroke v. Allenstown and Tebbets v. Tilton. In neither of those cases was the distinction recognized in the books alluded to by the court, and we have no reason to suppose that their attention was directed to it. The doctrine of resulting trusts “ has its oi’igin in the natural presumption, in the absence of all rebutting circumstances, that he who supplies the money means the purchase to be for his own benefit, rather than that of another ; and that the conveyance in the name of the latter is a matter of convenience or arrangement between the parties for other collateral purposes.” 2 Story, sec. 1201. This reason fails to apply to a purchase in the name of a wife or child, because there is, primd facie, a presumption of benefit intended for such. The rule