Stocket v. Holliday

Mason, J., delivered the opinion of this court. The case of Bowie vs. Stonestreet, 6 Md. Rep., 418 , conclusively settles that a contract, which can be enforced in a court of equity, may be entered into between a husband and wife, for the transfer of property from the former to the latter, for a bona fide and valuable consideration. The interest which Mrs. Holliday had in the mortgage, whether as respects her right of survivorship, or her equitable claim to be allowed a separate provision for her maintenance, was sufficient to form the basis or’ consideration for a contract with her husband, like that set out in the deed of trust, and which is alleged to have constituted the consideration therefor. This being true, the next question which arises is, whether the consideration set out in the deed of trust from Holliday, for the benefit of his wife, is to be regarded as prima facie true, until contradicted by proof offered by the party who assails the deed?

We think our own authorities have settled this question affirmatively. The cases of Faringer vs. Ramsay, 2 Md. Rep., 375 , and Glenn vs. Grover, 3 Md. Rep., 212 , clearly establish, that deeds themselves are prima facie proof of what the consideration was upon which they were ⁴⁹⁹ executed. Inasmuch, therefore, as no evidence was offered by the complainants assailing the verity of the consideration set out in the deed of trust, whether by direct and independent proof, or by resorting to the answers of the defendants, which the complainants could have required them to have made under