Netterville v. Barber
Mississippi Supreme Court
Appeal from the Chancery Court of Wilkinson County. Hon. J. 11. GaltNey, Chancellor. The material facts in the case are stated in the opinion of the court. The action of the court in dismissing the bill is assigned for •error.
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Appeal from the Chancery Court of Wilkinson County. Hon. J. 11. GaltNey, Chancellor. The material facts in the case are stated in the opinion of the court. The action of the court in dismissing the bill is assigned for •error. The enforcement of the trust deed was enjoined, and the injunction should have been made perpetual: 1st, because the married woman has no legal power to borrow money; 2d, if-she borrows money in fact, it devolves hpon the party lending it to show that it was expended for such things as a feme ..covert can purchase, and in which she can contract. In this case such Avas…
1Opinion of the CourtSimrall, C. J.
Kate Netterville, the wife of Jerry Netterville, in her lifetime borrowed from Thomas Johns $2,800, and executed a deed in trust, embracing her separate estate, as security for the-money. The defense is that the transaction, on account of her coverture, is “ ultra vires.” Johns alleges that the money was. procured by her to pay off a debt due to D. and J. Cohen, and. contracted by her for necessaries for her family and to pay a. balance due on a steam engine and apparatus for sawing lumber, which machinery was set up on her lands and used by her. He further alleges that the money was actually…
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- Brasfield v. FrenchMississippi Supreme Court · 1882
- State v. PendletonLouisiana Court of Appeal · 1928