Beauregard v. Her Husband

By the Court:

Rost, J.

J. H. Eimer, one of the defendants, discounted a note drawn by the plaintiff and her husband, in solido, and secured by a mortgage upon the paraphernal property of the plaintiff. She acknowledged, in the act of mortgage, that the proceeds of the note had been received by her for her own wants and personal affairs.

*294The note was protested at maturity, aud Eimer obtained an order of seizure an<^ sa*e’ which the plaintiff has enjoined, on the ground, that this is a debt of her husband, for which she was without capacity to bind herself or her property. The district judge…