Chollar v. Temple
Supreme Court of Arkansas
APPEAL from Sebastian Circuit Court. Hon. James Brizzolari, Circuit Judge. 1. The judgment should only have borne interest at six per cent. 2. The note was void. A married woman can not execute a valid note except in course of trade, etc. A note to charge her separate estate must show the consideration.
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APPEAL from Sebastian Circuit Court. Hon. James Brizzolari, Circuit Judge. 1. The judgment should only have borne interest at six per cent. 2. The note was void. A married woman can not execute a valid note except in course of trade, etc. A note to charge her separate estate must show the consideration. Nelson v. MMer, 52 Miss., 410; Dobbins v. Hubbard, 17 Ark., 189; 20 Ark., 619; 19 Ark., 257; Phipps v. Sedgwick, 95 U. S. (S. C.), 3; Trust Co. v. Sedgwick, 97 U. S. (S. C.), 804-The enforcement of her contract is in the nature of a proceeding in rem, and no judgment should be rendered.…
1Opinion of the Court
STATEMENT.
Eakin, J.
On the seventh day of September, 18*70, appellant Margaret A. Chollar, being covert, and owning, in fee simple, a large quantity of real estate, which had come to her by devise, jointly with other heirs of her father, and by deed of partition had been settled with her husband’s consent to her sole and separate use, joined with her husband and ¥m. H. Rogers, in executing to appellee, Newton J. Temple, a note for $1,000 at twelve months, with interest at the rate of fifteen per cent, per annum, from date till paid. The note was for money loaned by Temple to her husband, John…
2Cases cited2 opinions
- Cuyler v. EnsworthNew York Court of Chancery · 1836
- McDaniel v. LeeSupreme Court of Missouri · 1866
3Cited by6 opinions
- Warner v. HessSupreme Court of Arkansas · 1899
- Garland County v. Hot Spring CountySupreme Court of Arkansas · 1900
- Toof v. BrewerMississippi Supreme Court · 1909
- Crenshaw v. CollierSupreme Court of Arkansas · 1901
- Walker v. Arkansas Nat. Bank of Hot SpringsCourt of Appeals for the Eighth Circuit · 1919
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