Buell v. Shuman

— This was a suit to foreclose a mortgage executed by the appellant, a feme covert, and her husband, to secure the unpaid purchase money of the‘real estate-mortgaged, the indebtedness for which was evidenced by her promissory notes. The mortgage contained a covenant of both husband and wife to pay. To the complaint, showing the foregoing facts, the appellant demurred, and she assigns for error the overruling of her demurrer.

It does not "appear by the complaint that the title to the land mortgaged was in the appellant, but if it did, the statute empowers her to incumber it by mortgage in which…