Husband and Wife: Injury to Wife: Husband's Right of Action
1903
Michigan law review
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... ntent at http://about.jstor.org/participate--jstor/individuals/early-journal--content. JSTOR is a digital library of academic journals, books, and primary source objects. JSTOR helps people discover, use, and build upon a wide range of content through a powerful research and teaching platform, and preserves this content for future generations. JSTOR is part of ITHAKA, a not--for--profit organization that also includes Ithaka S+R and Portico. For more information about JSTOR, please contact support@jstor.org. RECENT IMPORTANT DECISIONS RECENT IMPORTANT DECISIONS RECENT IMPORTANT DECISIONS sold the land to an innocent purchaser and retained.the proceeds. The court held that the proceeds may be reached in equity by the husband's judgment creditors. The court in Indiana said:-"The question is can the money that went into the land by the fraud of both husband and wife be followed by creditors of the husband? . . We are not willing to hold that the change in the character of the property changed the equities of the parties. . . . . It seems clear to our mind that the change from one parcel of land to another would not have destroyed the appellant's equity; and surely the change from one species of property (land) to another (money) cannot affect the principle involved. .... If this be true then she must be regarded as holding it as a trustee of appellant, and in no other capacity." A grantee, other than the wife, who is guilty of actual fraud, is liable for the proceeds of the property he fraudulently obtained, if he has sold it to a bona fide purchaser forvalue: Smith v. Sands, 17 Neb. 498, 23 N. W. 356; Ferguson v. Hillman, 55 Wis. 181, 12 N. W. 389. The wife, whose husband has fraudulently conveyed the identical property and of whose fraudulent intent she has notice, may purchase it from any intervening bona fide purchaser without subjecting it to her husband's creditors' demands, provided no money of her husband is put into the purchase price: Evans v. Nealis, 69 Ind. 148.
doi:10.2307/1273099
fatcat:skkszkke35bkvdutkfvldhbmb4