29 N.Y.S. 630 | N.Y. Sup. Ct. | 1894
The purpose of the action is the partition of certain premises in the city of Niagara Falls, of which, it is alleged, Thomas Calladme died seised. He was the husband of the defendant Frances Calladme, and died in June, 1877. They were married
If the facts required the conclusion that such, as between them, was the relation she assumed when she took the title, her conveyance subsequently made to him was entitled to support, upon equitable considerations. Foote v. Bryant, 47 N. Y. 544; Norton v. Mallory, 63 N. Y. 434; Robbins v. Robbins, 89 N. Y. 251. The rule of the common law, before its abrogation by the statute, that the person paying the consideration on the purchase of land took the estate by way of resulting trust, although conveyed to another, was not applicable alike to conveyances to a stranger, and to the wife or child of the person paying the consideration. In the latter case
Upon the evidence, in view of the facts found, the conclusion was fairly justified that no trust, within the contemplation of the husband and wife, resulted to him from the payment of the consideration of the conveyance to her; and therefore there was none for the equitable support of her deed to him, founded upon any recognition of such a trust.
There are some other considerations urged by the learned counsel for the plaintiff in his able argument, all of which have been considered. But, in the view taken of the case, it is deemed unnecessary to make special reference to them. The judgment should be affirmed. All concur.