Donahue v. Mills
Supreme Court of Arkansas
APPEAL from Pulaski chancery court. Hon. D. W. Carroll, Chancellor. The money lent by Donahue was advanced to take up a. mortgage executed by appellees to E. W. Parker & Co. If the security taken by Donahue fails he is entitled to be subrogated to the security held by Parker & Co. 1 Jones on Mort., sec. 874 et seq. ;■ 64 N. Y'., 397, 401; 32 Arle., 258. A separate acknowledgment by a married woman is not required by our statute and constitution.
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APPEAL from Pulaski chancery court. Hon. D. W. Carroll, Chancellor. The money lent by Donahue was advanced to take up a. mortgage executed by appellees to E. W. Parker & Co. If the security taken by Donahue fails he is entitled to be subrogated to the security held by Parker & Co. 1 Jones on Mort., sec. 874 et seq. ;■ 64 N. Y'., 397, 401; 32 Arle., 258. A separate acknowledgment by a married woman is not required by our statute and constitution. They may convey as femes sole. 2 Bishop on Mar. Women, sec. 199, 244, et seq. „ If the constitution and statutes confer a separate estate, it is…
1Opinion of the CourtEakin, J.
Appellant brought this suit in equity to fore•close a deed of trust, alleged to have been executed by Theodore B. Mills and his wife, to secure the payment to ■complainant of a note for $2,000. The trustee is also made ■a party. The grounds of the suit, in short, are that Mills ■and wife had executed a note to E. W. Parker & Co. on the twenty-second of August, 1876, for the sum of $2,000, payable with interest, at six months, and, to secure it, had .given a deed of trust upon a certain bouse and lot in Little Rock, the property of the wife. That Parker & Co., having demanded payment, the…
2Cited by19 opinions
- Grider v. American Freehold Land Mortgage Co.Supreme Court of Alabama · 1892
- Pickens v. KniselyWest Virginia Supreme Court · 1886
- Le Mesnager v. HamiltonCalifornia Supreme Court · 1894
- Severtson v. PeoplesNorth Dakota Supreme Court · 1914
- King v. MerrittMichigan Supreme Court · 1887
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