Dacus v. Streety
Supreme Court of Alabama
Appeal from the Chancery Court of Lowndes. Heard before the Hon. HURIOSCO Austill. This bill of complaint was filed by John P. Streety as the surviving partner of the firm of Streety & Rinaldi, in the Chancery Court of Lowndes county, against Mrs. Susan E. Dacus and others, to foreclose a mortgage upon the land therein described.
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Appeal from the Chancery Court of Lowndes. Heard before the Hon. HURIOSCO Austill. This bill of complaint was filed by John P. Streety as the surviving partner of the firm of Streety & Rinaldi, in the Chancery Court of Lowndes county, against Mrs. Susan E. Dacus and others, to foreclose a mortgage upon the land therein described. The record shows that Rufus W. Dacus, since deceased, in 1859 was indebted to the firm of Streety & Rinaldi in the sum of six hundred and nineteen 25-100 dollars,* and to secure the payment of this amount, he made and gave a promissory note to his creditors, payable…
1Opinion of the Court
BRICKELL, C. J.—
The statutes creating the separate-estates of married women, have not enlarged their capacity of contracting. The disability, the common law imposes, remains except as to an alienation and conveyance of her statutory estate, made by husband and wife jointly. The contract by which Mrs. Dacus gave her promissory notes for the debt of her husband, whether the notes were given as collateral security, or in purchase of the mortgage, is void, not voidable. There are contracts into which she may enter, that a court of equity will not permit her to repudiate, and yet keep the benefits…
2Cases cited5 opinions
- Marks v. CowlesSupreme Court of Alabama · 1875
- Chilton v. Braiden's AdministratrixSupreme Court of the United States · 1863
- Reel v. OverallSupreme Court of Alabama · 1863
- Mobile Marine Dock & Mutual Insurance v. HuderSupreme Court of Alabama · 1860
- Hatch v. MorrisNew York Court of Chancery · 1839
3Cited by6 opinions
- Smith v. RhodesSupreme Court of Alabama · 1921
- Jones v. WeakleySupreme Court of Alabama · 1892
- Kelley v. CasselsSupreme Court of Alabama · 1933
- McHugh v. O'ConnorSupreme Court of Alabama · 1890
- Northwestern Land Ass'n v. HarrisSupreme Court of Alabama · 1896
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