Douglass v. Stone

Opinion by

Judge Peters :

The land mortgaged was certainly the property of Mrs. Douglass, she having the legal or general estate therein, and the debt secured thereby appears to have been the debt of her husband. Nevertheless a mortgage of her land executed jointly by herself and husband was valid under the statute, as held by this court in Smith, et al., v. Wilson, 2 Met. 235, and approved by their court in Johnston v. Ferguson, Ib. 503, and in the still later case of Sharp’s Adm’r v. Proctor’s Adm’r & Heirs, 5 Bush 396. The efficiency of the mortgage of the wife’s land as a security for the…