A secret trust between husband and wife respecting real estate the title to which was taken in his name and the consideration therefor paid in part by him and in part by her under an agreement for joint ownership cannot be set up to defeat the rights of an attaching creditor of the husband.
SNOW, J.
It is unnecessary to consider the contention of Koyiades that on the facts alleged no resulting trust could be found to exist as between Sultana and Eraklis (Brooks v. Fowle, 14 N.H. 248, 260; Francestown v. Deering, 41 N.H. 438, 442; Pembroke v. Allenstown, 21 N.H. 107, 111; Moore v. Moore, 38 N.H. 382, 389; Bodwell v. Nutter, 63 N.H. 446, 447; Fessenden v. Taft, 65 N.H. 39, 41; Crowley v. Crowley, 72 N.H. 241, 244-5); for if the existence of a trust as between them were conceded, it was a secret trust as to Koyiades and could not be set up here to defeat her rights as a judgment creditor. Riddle v. George, 58 N.H. 25, 26; Corning v. Records, 69 N.H. 390, 396; Hopkinson v. Dumas, 42 N.H. 296, 304. See Kingsbury v. Smith, 13 N.H. 109, 118, 120; Bell v. Twilight, 18 N.H. 159, 166; Coolidge v. Melvin, 42 N.H. 510, 522; Stratton v. Putney, 63 N.H. 577, 579; Watkins v. Arms, 64 N.H. 99, 100. Bill dismissed as to Koyiades.
All concurred.