Ferguson v. Soden
Supreme Court of Missouri
Appeal from Jachson Circuit Court. — Hon. James G-ibson, Judge. (1) Mrs. Ferguson, by reason of her disability of coverture, did not have the power to borrow money, and execute her notes therefor. That she could not do so by the common law will not be controverted. Nor will it be denied that there is no statute of this state empowering her to do so. Besides, it has been decided in this state that such a contract is void.
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Appeal from Jachson Circuit Court. — Hon. James G-ibson, Judge. (1) Mrs. Ferguson, by reason of her disability of coverture, did not have the power to borrow money, and execute her notes therefor. That she could not do so by the common law will not be controverted. Nor will it be denied that there is no statute of this state empowering her to do so. Besides, it has been decided in this state that such a contract is void. Hagerman v. Sutton, 91 Mo. 524; Musick v. Doclson, 76 Mo. 624; Neef v. Redmond, 76 Mo. 197; Bauer v. Bauer, 40 Mo. 62; Pemberton v. Johnson, 46 Mo. 342; Lakeman v. Mclthany,…
1Opinion of the CourtThomas, J.
Action to redeem from sale under a deed of trust. Judgment in the court below for defendants, and plaintiff appeals.
The facts, for a proper understanding of the questions decided, will sufficiently appear in the opinion.
I. The trial court was correct in ruling that a feme covert in Missouri may, by joining with-her husband as prescribed by our statute of conveyances, execute a valid mortgage or deed of trust upon her legal real estate to secure a debt of her husband, and may appoint therein a trustee to make sale of the property in default of payment of the debt secured. Schneider v. Staihr,…
2Cases cited21 opinions
- Hagerman v. SuttonSupreme Court of Missouri · 1887
- Wilcox v. ToddSupreme Court of Missouri · 1877
- Long v. LongSupreme Court of Missouri · 1883
- Ransom v. HaysSupreme Court of Missouri · 1867
- Russell & Co. v. State Ins.Supreme Court of Missouri · 1874
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3Cited by13 opinions
- Blaisdell v. SteinfeldArizona Supreme Court · 1914
- Livengood v. BallSupreme Court of Oklahoma · 1916
- Anderson v. CurlsMissouri Court of Appeals · 1958
- Todd Hallquist v. SunTrust Mortgage, Inc.Court of Appeals for the Eighth Circuit · 2013
- Julian v. BurrusMissouri Court of Appeals · 1980
8 more not listed; retrieve them via the Exa API.