Frazier v. Hart

SHANNON, Chief Judge.

The appeal in this case raises the question whether or not a lease for a three-year term executed by a married woman on her separate real property is binding on the lessee without the joinder of her husband in the lease. The trial court held that it was not.

On May 28, 1959, Josie E. Frazier, as lessor, executed a lease for three years to W. H. Hart, as lessee. Hart paid the first year’s rent, after which he gave up possession of the real estate. In this action at law by the lessor to recover the balance of the rent due under the lease, Hart defended on the ground that the…