Hatch v. Morris
New York Court of Chancery
Bill of foreclosure; on a mortgage given by Margaret S. Morris, who was a married woman at the time she executed it. Her husband did not join. The mortgage was made to secure a part of the consideration money, on a purchase by the said Margaret S. Morris and conveyance taken in her name.
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Bill of foreclosure; on a mortgage given by Margaret S. Morris, who was a married woman at the time she executed it. Her husband did not join. The mortgage was made to secure a part of the consideration money, on a purchase by the said Margaret S. Morris and conveyance taken in her name. The defendant, Benjamin Russell, had become a purchaser of the mortgaged premises, subject to the mortgage; and he put in a demurrer, on the ground that the mortgage was invalid, as it was an act by a married woman in which her husband did not join. There was a charge in the bill that Russell had purchased…
1Opinion of the Court
The Vice-Chancellor :
Although the mortgage executed by the wife alone, without her husband, was informal and invalid as a legal instrument, yet, being intended to secure a portion of the purchase money upon a sale and conveyance to the wife, it may be upheld in equity as creating an equitable lien. Indeed, in equity there is a lien for unpaid purchase money as between vendor and vendee and all subsequent purchasers and mortgagees with notice. Here, the defendant Russell purchased with notice; and accepted a conveyance expressly subject to the mortgage which the wife had intended to create;…
2Cited by8 opinions
- Sidenberg v. . ElyNew York Court of Appeals · 1882
- Marks v. CowlesSupreme Court of Alabama · 1875
- Dacus v. StreetySupreme Court of Alabama · 1877
- Ross v. WorthingtonSupreme Court of Minnesota · 1866
- Wells v. SweeneySouth Dakota Supreme Court · 1903
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