Gulf Shore Dredging Co. v. Ingram

SMITH, Chief Judge.

Plaintiff-mortgagee appeals an order in equity granting a motion to dismiss made by defendant-married woman at the close of plaintiff’s case in chief. The order appealed dismissed plaintiff’s action with prejudice for lack of a prima facie case to establish any lien or charge against defendant’s separate property. We reverse.

Plaintiff brought suit to foreclose a mortgage given by defendant to secure her note to plaintiff in the sum of $3100. After suit plaintiff discovered that defendant was married. Her husband had not joined in the note or mortgage.

At trial defendant…