28 Ind. 12 | Ind. | 1867
— Susan A. Jones filed her complaint against
The appellant, on his own petition, was made a defendant,, on the ground that he was a judgment creditor of the husband. The husband was defaulted. The defendant Watkins demurred to the complaint. The demurrer was overruled, and this is assigned for error. Watkins then answered by the general denial. Trial by jury. Verdict for the plaintiff. Motion for a new trial overruled. The evidence is in the record.
In the progress of the trial, the plaintiff was permitted to introduce, over the objection of the defendant, the following testimony, given by the father of the plaintiff to-wit:
“ I gave my daughter, the. plaintiff, from the time they went to Iowa until the lands in the complaint were acquired, the sum of $2,250. I heard the plaintiff and Nathan Jones say, in a conversation together, that the lands described in the complaint were acquired with the money I gave to her before and since they moved to Iowa.”
The grounds of objection to this evidence were not stated in the bill of exceptions. The evidence tends to sustain the allegations of the complaint. ¥e think the jury were warranted in finding as they did. The general denial only puts in issue the allegations of the complaint. 2 G. & H., § 66, p. 93; id. § 91, p. 113. The rights of Watkins as a judgment creditor of the husband were not involved in the pleadings as they stood. If the complaint was good as against the husband, then the court below committed no error.
We think it clear, from the allegations of the complaint, sustained by the proof, that the husband agreed to hold the lands in trust for the wife, without any fraudulent intent. Indeed, under the facts averred and proven, it would be a fraud in the husband to deny the trust. In Glidewell v. Spaugh, 26 Ind. 319, a like question was very fully consid
We think the court below committed no error in ovei’ruling the demurrer to the complaint, nor in admitting the testimony objected to.
The judgment is affirmed, with costs.