Aultman & Taylor Co. v. Gibert
Supreme Court of South Carolina
Upon the points considered by this court, the master’s report was as follows: Mrs. Gibert and Mrs. Mouchet set up the defence that they are married women, and their separate property is not bound by their contract. As to Mrs. Gibert, it may be said that she has already suffered judgment to go against her on the first instalment of the note, and her interest in the land has been foreclosed. Thus far I think she is estopped by the judgment of the court.
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Upon the points considered by this court, the master’s report was as follows: Mrs. Gibert and Mrs. Mouchet set up the defence that they are married women, and their separate property is not bound by their contract. As to Mrs. Gibert, it may be said that she has already suffered judgment to go against her on the first instalment of the note, and her interest in the land has been foreclosed. Thus far I think she is estopped by the judgment of the court. Her liability on the note is that of principal, and the testimony shows that she was the purchaser of the machinery. Moreover, she has…
1Opinion of the Court
The opinion of the court was delivered by
Mr. Chief Justice Simpson.
In 1884 the defendants, Sarah J. Gibert, B. E. Gibert, sr., B. E. Gibert, jr., and W. S. Mouchet, executed a note to Mrs. Fannie J. Marshall, of Abbeville County, for $51,250, payable in certain instalments. The note was given *308in the purchase of a steam engine and other machinery, to secure which the defendants joined in the execution of a mortgage covering a certain tract of land, or their interest therein, containing one hundred and fifty acres, more or less. The note or obligation was assigned and delivered to the…
2Cited by4 opinions
- Citizens Nat. Bank of Orange, Va. v. WaughCourt of Appeals for the Fourth Circuit · 1935
- Burwell v. South Carolina Tax CommissionSupreme Court of South Carolina · 1924
- Burwell v. S.C. Tax CommissionSupreme Court of South Carolina · 1924
- Kuster v. DicksonU.S. Circuit Court for the District of South Carolina · 1891