Mattair v. Card
Supreme Court of Florida
Appeal from the Circuit Court for Duval county. Card, administrator of the estate of Alexander, filed a bill to foreclose a mortgage executed by appellants on the 15th March, 1878, to Alexander to secure a note of $8,000 made by them, which mortgage covered lot 2 in square- 22 in Jacksonville. The note bore interest at twelve per cent., payable semi-annually. Alexander died in March, 1879. The first six months’ interest was paid by appellants when due.
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Appeal from the Circuit Court for Duval county. Card, administrator of the estate of Alexander, filed a bill to foreclose a mortgage executed by appellants on the 15th March, 1878, to Alexander to secure a note of $8,000 made by them, which mortgage covered lot 2 in square- 22 in Jacksonville. The note bore interest at twelve per cent., payable semi-annually. Alexander died in March, 1879. The first six months’ interest was paid by appellants when due. The foreclosure suit was commenced in September, 1879. The answer of Mrs. Mattair shows that the note and mortgage were given to secure the…
1Opinion of the Court
The Chief-Justice
delivered the opinión of the court.
We first consider the, third ground assigned for error in the proceedings and decree, which is that the mortgage is *766on the separate property of the wife to secure her note, which note is void as to her, and no proper allegations are made in the bill to show that her property should be charged.
This objection is not sustained by the record. The note was signed by her and by her husband. Prima facie, therefore it is a valid- note of the husband. The act of February 4,1885, (Th. Dig., 179,) provides that a married woman may sell, transfer and…
2Cases cited2 opinions
- Dollner, Potter & Co. v. SnowSupreme Court of Florida · 1877
- Merritt v. JenkinsSupreme Court of Florida · 1880
3Cited by16 opinions
- Blood v. HuntSupreme Court of Florida · 1929
- Equitable Building & Loan Ass'n v. KingSupreme Court of Florida · 1904
- Bloxham v. Florida Central & Peninsular RailroadSupreme Court of Florida · 1897
- Conner v. ElliottSupreme Court of Florida · 1920
- Dzialynski v. Bank of JacksonvilleSupreme Court of Florida · 1887
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