GRIDLEY V. WYNANT, 64 U. S. 500 (1859)

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U.S. Supreme Court

Gridley v. Wynant, 64 U.S. 23 How. 500 500 (1859)

Gridley v. Wynant

64 U.S. (23 How.) 500


Where a married woman became a trustee for land for the benefit of her son-in-law and executed a deed (without joining her husband) to a bona fide purchaser,

Page 64 U. S. 501

who had paid the purchase money to the cestui que use, it was not necessary under the circumstances of the case for her husband to join in the deed.

These circumstances were that by executing the deed, she did not defeat an estate to which her husband was entitled, nor did she claim adversely to the deed, but it was within the scope of her authority as trustee, and therefore will be sustained by a court of equity against her heirs.

Her children, who were her heirs at law, having brought a suit at law to recover the land from the bona fide purchaser, a court of equity will interpose to restrain their proceedings.

The alleged illegality of the consideration of the deed of trust -- viz., that it was intended to protect the property of her son-in-law, who was insolvent -- was not sufficient to destroy the independent equity of the bona fide purchaser, nor was it necessary to make the son-in-law a party when the bona fide purchaser sought relief in a court of equity against the title of the heirs.

The case is stated in the opinion of the Court.

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