T. J. Dunbar & Co. v. Mize
Supreme Court of Georgia
Husband and wife. Mortgage. Estoppel. Before Judge ’ Clark. Sumter Superior Court. April Term, 1874. On January 15th, 1868, William Mize and his wife, Rebecca J. Mize, executed to T. J. Dunbar & Company, a mortgage upon a lot of land in Sumter county, to secure the payment of a promissory note made by said William Mize, on or about December 31st, 1867, due one day after date, payable to T. J. Dunbar & Company, for $809 65. The mortgage . recites that the note was given in…
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Husband and wife. Mortgage. Estoppel. Before Judge ’ Clark. Sumter Superior Court. April Term, 1874. On January 15th, 1868, William Mize and his wife, Rebecca J. Mize, executed to T. J. Dunbar & Company, a mortgage upon a lot of land in Sumter county, to secure the payment of a promissory note made by said William Mize, on or about December 31st, 1867, due one day after date, payable to T. J. Dunbar & Company, for $809 65. The mortgage . recites that the note was given in payment for merchandize which went to the use of Mize and wife. Proceedings having been instituted to foreclose said…
1Opinion of the Court
McCay, Judge.
1. Section 1783, of our Code, is as follows: “The wife is a feme sole as to her separate estate unless controlled by the settlement. Every restriction upon her power in it must be complied with ; but while the wife may contract she cannot bind her separate estate by any contract of suretyship, nor by any assumption of the debts of her husband, and any sale of her separate estate made to a creditor of her husband in ex-tinguishment of his debts, shall be absolutely void.” It is contended that this only applies to separate estates created by “settlement,” and not to the “separate…
2Cited by9 opinions
- Smith v. Sandersville Production Credit Ass'nSupreme Court of Georgia · 1972
- Temples v. Equitable Mortgage Co.Supreme Court of Georgia · 1897
- Wolff v. HawesSupreme Court of Georgia · 1898
- Simmons Hardware Co. v. TimmonsSupreme Court of Georgia · 1935
- Gordon v. HarrisSupreme Court of Georgia · 1913
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