Shockley v. Shockley

Eli Shockley executed a note and mortgage to William Shockley and Elizabeth, his wife, to secure the payment of money loaned. The suit is by Elizabeth, who avers that William is dead, and that the money so loaned was her property, derived from the estate of a former husband, and intended by her and said William to be kept as her separate property, and .therefore the note and mortgage were framed as aforesaid.

There was a demurrer to the complaint, assigning for cause the non-joinder of proper parties plaintiff’ want of capacity, of plaintiff to sue, and want of sufficient cause of action,…