Damon v. Deeves
Michigan Supreme Court
Error to Monroe. (Joslyn, J.) Ejectment. Plaintiff brings error. Contracts by married women for the purchase of property on credit have been upheld : Tíllmcm v. Shackelton 15 Mich. 447 ; husband and wife may make conveyances of lands directly to each other: Burdeno v. Amperse 14 Mich. 91; a married woman may mortgage her lands for the debt of her husband : Watson v. Thurber 11 Mich. 457 ; or may deed them : Farr v. Sherman 11 Mich. 33; a conveyance by mortgage comes clearly…
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Error to Monroe. (Joslyn, J.) Ejectment. Plaintiff brings error. Contracts by married women for the purchase of property on credit have been upheld : Tíllmcm v. Shackelton 15 Mich. 447 ; husband and wife may make conveyances of lands directly to each other: Burdeno v. Amperse 14 Mich. 91; a married woman may mortgage her lands for the debt of her husband : Watson v. Thurber 11 Mich. 457 ; or may deed them : Farr v. Sherman 11 Mich. 33; a conveyance by mortgage comes clearly within the power given her by statute, and she must judge for herself whether it is for her interest to give it or not:…
1Opinion of the CourtCampbell, J.
Plaintiff brought ejectment on a valid foreclosure sale under a mortgage given by defendant, on which she was in default. The only defense made, and which prevailed, was that the mortgage was given to secure a note' signed by defendant, who is a married woman, and that the-note was not for her own benefit, but to secure a liability of a son-in-law. The circuit judge held that, inasmuch as-a married woman cannot become personally bound as a surety, the note was void, and the mortgage was, for the same reason, void.
We think this was erroneous. There is no restriction under our Constitution and…
2Cases cited3 opinions
- Michigan Insurance v. BrownMichigan Supreme Court · 1863
- McKinney v. MillerMichigan Supreme Court · 1869
- Powell v. SmithMichigan Supreme Court · 1874
3Cited by7 opinions
- Fitzgerald v. FlanaganSupreme Court of Iowa · 1912
- Equitable Building & Loan Ass'n v. KingSupreme Court of Florida · 1904
- Farmers & Merchants National Bank & Trust Co. v. Globe Indemnity Co.Michigan Supreme Court · 1933
- Wallace v. Detroit City Gas Co.Michigan Supreme Court · 1924
- Damon v. DeevesMichigan Supreme Court · 1887
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