Gray v. Holland
Oregon Supreme Court
Appeal from Multnomah. The facts are stated in the opinion. A married woman, at the time this mortgage was made, was not bound by any covenant in a mortgage. (Code, page 515.) The property of the wife is not subject to the debts of the husband.
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Appeal from Multnomah. The facts are stated in the opinion. A married woman, at the time this mortgage was made, was not bound by any covenant in a mortgage. (Code, page 515.) The property of the wife is not subject to the debts of the husband. (Constitution of Oregon, page 95 of Code.) Hence, if she binds her separate property as security only, for her husband’s debt, and all parties have knowledge of the fact, her liability and the liability of her property ceases when, by either the active or passive act of the creditor, the debt for which she becomes security becomes barred or incapable…
1Opinion of the Court
By the Court,
Lord, C. J.:
This is a suit to foreclose a mortgage executed to James Morris, in September, 1872, by the defendants, Patrick Holland and Margaret, his wife, upon the separate property of the wife, to secure the note of the husband and wife, of the same date. By an assignment duly made the plaintiff is the owner and holder of the mortgage. As a defense to the foreclosure the defendant, Margaret Holland, answered and contends, substantially, as follows: That the debt for which the note was given,-and to secure which the mortgage was executed, was the debt of her husband, and that by…
2Cases cited5 opinions
- Wilcox v. ToddSupreme Court of Missouri · 1877
- Drew v. . SwiftNew York Court of Appeals · 1871
- Myer v. BealOregon Supreme Court · 1873
- Spear v. Ward & WifeCalifornia Supreme Court · 1862
- Furlong v. Griffin & FullertonSupreme Court of Minnesota · 1859
3Cited by5 opinions
- Scandinavian-American Bank v. Went-Worth Lumber Co.Oregon Supreme Court · 1921
- EQUITABLE SAVINGS & LOAN ASSOCIATION v. JonesOregon Supreme Court · 1974
- Denny v. SeeleyOregon Supreme Court · 1899
- First National Bank v. LeonardOregon Supreme Court · 1900
- Tryon v. PalmerOregon Supreme Court · 1928