Loring v. Stuart

Belcher, C. C.

—Action to foreclose a mortgage. Defense that the defendant was a married woman when she executed the mortgage, and that the mortgaged property was community property, and the mortgage therefore void.

The court found that at the date of the mortgage, and for more than ten years prior thereto, defendant was the wife of one Robert Stuart, but that she and her husband had lived separate and apart from each other for nearly *201two years, and that the mortgaged premises were the earnings of defendant while so living separate from her husband, and were her separate property. Judgment was…