Hopper's Administrator v. Hopper

Opinion of the Court by

Judge Carroll

Reversing.

In a suit to settle tbe estate of Mrs. Pboeba Hopper tbe Bank of Hazel presented a claim that was secured by a mortgage on land owned in ber own right by Mrs. Hopper. Tbe lower court adjudged that the bank took no *73lien by virtue of this mortgage because P. D. Hopper, the husband of Mrs. Hopper, did not join with her in its execution, nor had he theretofore conveyed his interest in the land. And the only question in the case is the correctness of the ruling of the court. The mortgage reads as follows:

“Whereas; I, Phoeba A. Hopper, of Hazel,…