Ross v. Durrence

Atkinson, Justice.

A married woman executed a promissory note and a deed conveying land as security, which contained a power of sale. Subsequently the grantor instituted suit to enjoin exercise of the power of sale, on the ground that the deed “is absolutely void because it was given to secure the payment of the debts of her husband, which was fully known to the said defendant.” It was alleged in the petition that the note and deed were given in renewal of a former note and deed 'to a firm of-which defendant was a member, which was given to pay the debts of the husband. In his answer the…