Page:Federal Reporter, 1st Series, Volume 5.djvu/455

 IN BE WOOD. 443 �In re Thomas Wood, Bankrupt.* �{District Court, 8. D. Ohio. January, 1881.) �1. HtTf3ii»iro AKD WiFE— Sepaeate Property op Wifb— Mohet OnrEN �TO Heb— Ohio Aot, April 3, 1861. �In Ohio, prior to the passage of the oct of April 8, 1861, (68 Ohio Laws, 54,) money received by the wife became the property of the husband, unlesa the acts accompanying the gift imparted a different character to it ; thus, if it was accompanied by an unequivocal decla- ration that it was for her separate use, it did not vest in the husband, but became her separate property. �2. Bame. �Under the evidence in this case the money received by the wife prier to 1861 hdd to bave been her separate property. �5. Sahe. �The sums received by lier after the passage of the aot of April 3, 1861, by the terms thereof became her separate property. 4. Kbsuiiting Trust — Paymbnt of Purchasb Moset — SuBSEQtrEur Ad- �VANCES. �When the purchase money is paid by A., and the title taken by B., to raise a resulting trust for the beneflt of A. the entire purchase money must have been paid by A.; or, if he paid a part only, such part must have been paid for some aliquot part of the property,— as a third or a fourth, — and such part must be ascertained witb certainty, and such trust must arise at the time of purchase ; it cannot arise by after advancea. �6. BaNKHUPTCY— CONVEYANCEB IN EXECUTION OP Ck)NTBACT. �In bankruptcy, to support conveyances as made in pursuance and execution of a prior agreement, the terms of the agreement must have been deflnite and specifie, and must be clearly establishod by compe- tent testimony. �6. Debtob and Cheditor— Husband and Wipb. �A wife may become a crediter of her husband. ' �1, Bankeuptoy— SETTiNa Abide Convbtanobs— Resulting Trust— Ex- ecution OP CioNTBACT — Repeiibnce — Phefeerbd Creditor. �In aproceeding by an assignee in bankruptcy, to set aside a convey- ance of land by a husband to his wife, throughs^nintermediate party, it appeared that she had received varioUs sumsof money from relatives, to be invested in a home for her, (her separate property, and so recog- nized by the husband,) and $1,000 thereof was used in building and furnishing a house upon the land in question. The title to the land was in the husband' s name. At the time of the conveyance the hus- band was insolvent. Held, that there was no resulting trust in favor �*Reported by Messrs. Florien Glauque and J.C. Ilarper, of the Cincin- nati bar. ����