Citizens Bank & Trust Co. v. Smith

On Petition for Rehearing.

Whitfield, P. J.

In the State of Florida a married woman (not a free dealer under the statute, Sec. 5024, et seq., Comp. Gen. Laws, 1927), cannot make contracts with reference to her separate property or otherwise that can be enforced by personal judgments or decrees against her; but under the Constitution and the statutes, a married woman may- own and acquire separate property, and by statute she may sell, convey or mortgage her separate real property if her husband joins therein (Secs. 5674, 5676, 5866, 5872, Comp. Gen. Laws, 1927); and mortgage liens may be…