Roberts v. Jenks

This was a suit in chancery to foreclose a mortgage alleged to have been executed by one Elizabeth Ward in her life-time, to secure the payment of a note made by her to the defendant in error. It appears from the evidence that said Elizabeth Ward had a nephew named John Lewellin, who was non compos mentis, and that the note in question was given for a debt contracted either by or for him, and not in any respect for the benefit of or concerning the separate property of said Elizabeth Ward, who was then a married woman.

The note and mortgage were executed prior to the passage of the statute of…