Bennett v. Mattingly

On Petition eor a Rehearing.

Niblack, J.

It was held by this court, in the case of Dodge v. Kinzy, 101 Ind. 102, that, where a husband and wife hold land as tenants by entirety, and the wife unites with the husband in the execution of a mortgage on the land to-secure the payment of the husband’s debt, such a mortgage is. a “ contract of suretyship ” on the part of the wife, and is void as to her, under the provisions of section 5119, R. S. 1881, herein above set out, and that, owing to the peculiar nature of the estate by which it is held, the mortgage would also, in such an event, be void as…