Legal Opinion
Babbitt v. Morrison
Supreme Court of New Hampshire
Decided August 5, 1878PublishedCited by 4 opinions
Bill in Equity, to foreclose a mortgage made, June 1, 1875, by the defendants to the plaintiffs, to secure the payment of money loaned at the same timo by the plaintiffs to Mr. Morrison, as to whom the bill was taken pro confesso. Mrs. Morrison answered, claiming that part of the land was hers, and that, as to that part, her coverture was a defence.
1Opinion of the CourtDoe, C. J.
The statute in force when the mortgage was made was an enabling, not a disabling, act. It enlarged the common-law rights of a married woman, but did not abridge her power to charge her separate estate with the payment of her husband’s debts. The plaintiffs are entitled to judgment.
Case discharged.
Foster, J., did not sit.
2Cited by4 opinions
- Parsons v. McLaneSupreme Court of New Hampshire · 1887
- Buss v. WoodwardSupreme Court of New Hampshire · 1880
- Parsons v. RolfeSupreme Court of New Hampshire · 1891
- Penacook Savings Bank v. SanbornSupreme Court of New Hampshire · 1881