Head v. Temple
Tennessee Supreme Court
FROM SUMNER. Chancery Court at G-allatin, September Term, 1867. Thos. Barry, Ch. In the absence of restriction, a married woman may act as to her separate estate as a feme sole: Powell y. Powell, 9 Hum., 478; Peacock v. Munk, 2 Yes. Jr., 190; Livingston v. Livingston, 2 J. C. R., 537. Clancy on Husband & Wife, 282. There being no restriction, she might execute a mortgage.
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FROM SUMNER. Chancery Court at G-allatin, September Term, 1867. Thos. Barry, Ch. In the absence of restriction, a married woman may act as to her separate estate as a feme sole: Powell y. Powell, 9 Hum., 478; Peacock v. Munk, 2 Yes. Jr., 190; Livingston v. Livingston, 2 J. C. R., 537. Clancy on Husband & Wife, 282. There being no restriction, she might execute a mortgage. Lemarest v. Wynkoof, 3 J. C. R., 129; McFerrin v. White, 6 Col., 499. Construction of contract, Norman v. Bradley, 9 "Wallace, 407. Power to dispose by deed of gift is no restriction of the general power reserved to act as…
1Opinion of the Court
Turney, J".,
delivered the opinion of the Court.
Under the anti-nuptial settlement, the wife is.not bound by the mortgage deed of 16th November, 1860, executed by herself and husband to Erancis D. Bowen, for a house and lot' in the town of G-allatin, to secure the payment of the following note, viz.:
*37November 16th, 1860.
$1,500. Twelve months after date, we promise to pay to Francis D. Bowen, or order, fifteen hundred dollars for value received, with interest from date, at the rate of seven per cent, per annum. Witness our hands and seals,
LucieN M. Temple,
G-ulielma D. Temple.
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2Cited by5 opinions
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