Smith v. Smith

Cooley J.:

In tbis case, the question of the. validity of a deed of lands by a married woman directly to ber husband was argued as the sole question, but on an investigation of the record, we find that it is not in such shape that we can with propriety express our opinion upon that subject.

On the 4th day of March, 1859, Benjamin Smith, and Mary Ann Smith, Ms wife, executed to Perrin M. Smith a mortgage on certain lands in St. Joseph County, which mortgage he filed a bill in Chancery to foreclose at some time not mentioned, but which seems to have been after the death of the wife, as he mad.e…