Petty v. Grisard
Supreme Court of Arkansas
APPEAL from Faulkner Circuit Court, in chancery. Hon. F. T. Vaughan, Circuit Judge. The execution of a note for a husband’s debts does not bind the separate property of the wife. 33 Ark., 363. As Grisard agreed to furnish certain supplies, which were the consideration of the mortgage, and failed and refused so to do, the consideration failed, or rather never existed. He is at fault and should be forced to place her where she was before executing the mortgage. Reporter, Vol.
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APPEAL from Faulkner Circuit Court, in chancery. Hon. F. T. Vaughan, Circuit Judge. The execution of a note for a husband’s debts does not bind the separate property of the wife. 33 Ark., 363. As Grisard agreed to furnish certain supplies, which were the consideration of the mortgage, and failed and refused so to do, the consideration failed, or rather never existed. He is at fault and should be forced to place her where she was before executing the mortgage. Reporter, Vol. X, p. ‡20; Jones on Real Mortg., 3d Ed., Sec. 612. The failure to furnish the supplies, as agreed, was a fraud upon Mrs.…
1Opinion of the CourtSmith, J.
This was a bill by husband and wife to annul a mortgage executed by them, and also a sale and conveyance of the mortgaged land, pursuant to a power contained therein. But the circuit court dismissed the bill, sustained the mortgage and confirmed the sale made thereunder.
To this decree it is objected that the debt which the mortgage was given to secure was the debt of the husband, while the mortgaged property was by statute the separate estate of the wife.
Since the cases of Collins v. Wassell, 34. Ark., 17, and Scott v. Ward, 35 Id., 480, the law must be considered as settled in this State…
2Cases cited2 opinions
- Gross v. McKeeMississippi Supreme Court · 1876
- Johnson v. Murphy, Agnew & Co.Supreme Court of Alabama · 1877
3Cited by8 opinions
- Goodrum v. Merchants & Planters BankSupreme Court of Arkansas · 1912
- Bell v. CastelberrySupreme Court of Arkansas · 1910
- Mente v. TownsendSupreme Court of Arkansas · 1900
- Polk v. BrownSupreme Court of Arkansas · 1915
- Clifford v. Federal Bank & Trust Co.Supreme Court of Arkansas · 1929
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