L. M. Wiley & Co. v. Prince
Texas Supreme Court
Appeal from Nacogdoches. Tried below before Hon. A. O. W. Hicks. Suit upon two notes, executed by George W. Prince, secured by a mortgage, executed by said George W. and Sarah, Ms wife, upon separate property of said wife. On the trial, the appellants read in evidence to the jury the notes declared on, the mortgage with its authentication certificate of privy examination of the wife by the Notary Public, and the certificate of record, and closed.
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Appeal from Nacogdoches. Tried below before Hon. A. O. W. Hicks. Suit upon two notes, executed by George W. Prince, secured by a mortgage, executed by said George W. and Sarah, Ms wife, upon separate property of said wife. On the trial, the appellants read in evidence to the jury the notes declared on, the mortgage with its authentication certificate of privy examination of the wife by the Notary Public, and the certificate of record, and closed. The appellees introduced a witness who testified that one Charles Keith was the accredited agent of the appellants; that about the 1st of April,…
1Opinion of the Court
.Hemphill, Oh. J.
This is one of the numerous instances in which the folly fraud or violence of husbands, and the rapacity of creditors, have extorted from the wife a mortgage of her property to secure the debts and speculations of the husband. Such transactions must be guarded against with the most jealous vigilance, or they will defeat the benefits which the wisdom and policy of the law have secured to the ■ wife. Under our former jurisprudence, the wife could not become a surety for the husband. And although we have held that since the introduction of the Common Law, the wife, under her…
2Cited by29 opinions
- Stewart v. MillerCourt of Appeals of Texas · 1925
- Stout v. OliveiraCourt of Appeals of Texas · 1941
- Cole v. BammelTexas Supreme Court · 1884
- Davis v. KennedyTexas Supreme Court · 1883
- Webb v. BurneyTexas Supreme Court · 1888
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