Mashburn v. Gouge
Supreme Court of Georgia
Husband and wife. Judgments. Estoppel. Before Judge Hillyer. Fulton Superior Court. April Term, 1874. Mashburn, as a member of the firm of Jackson & Mash-burn, became indebted to West, Edwards & Co., $440.00, and being pressed for payment, borrowed from Smith the necessary funds, giving.to him as security the title to a lot in the city of Atlanta. This lot was the property of Mrs. Mashburn, though the deed to Smith was executed by both husband and wife.
Read the full summary
Husband and wife. Judgments. Estoppel. Before Judge Hillyer. Fulton Superior Court. April Term, 1874. Mashburn, as a member of the firm of Jackson & Mash-burn, became indebted to West, Edwards & Co., $440.00, and being pressed for payment, borrowed from Smith the necessary funds, giving.to him as security the title to a lot in the city of Atlanta. This lot was the property of Mrs. Mashburn, though the deed to Smith was executed by both husband and wife. They also gave to Smith joint notes covering the amount of the aforesaid loan, with interest, purporting to be “for purchase money for a city…
1Opinion of the Court
Bleckley, Justice.
It cannot be that married women are not bound like other *515suitors by judgments fairly and legally- obtained against them. If they cannot be concluded by the'final judgments of other courts of competent jurisdiction, they cannot be concluded by the judgment of this court, and so it is in vain to litigate with them. They either stand above and beyond the law, or they must abide by what is once finally and legally adjudicated. Repeatedly adjudicating the same matter settles it no better than does a single judgment, final in its nature and left unreversed. The debt which this…
2Cited by6 opinions
- Schofield v. JonesSupreme Court of Georgia · 1890
- Williams v. SimmonsSupreme Court of Georgia · 1888
- Latimer v. Irish-American BankSupreme Court of Georgia · 1904
- Wingfield v. RheaSupreme Court of Georgia · 1884
- Jackson v. EverettTennessee Supreme Court · 1894
1 more not listed; retrieve them via the Exa API.