Jette v. Harbison

TERRELL, J.:

This is a certificate under Rule 38 of the Rules of this Court. The question certified is whether or not a judgment secured by the payee on a promissory note executed jointly by the husband and wife may be satisfied by an execution against the wife’s separate property. It is admitted that the note was given for the husband’s debt and that it was not sealed or witnessed.

The note was executed by the husband and wife in the usual form and upon default in payment the payee sued them jointly in a law action. The wife demurred to the declaration raising the bar of Section 1, Article XI…