Parsons v. Rolfe

The mortgage was given by Ellen D. Rolfe, a married woman, to the plaintiff’s testate, December 8, 1877, upon a tract of land in which she had a life estate in her own right, to indemnify the mortgagee against loss upon sundry notes and a bond signed by him as surety for Mrs. Rolfe’s husband, at the request and for the benefit of the husband. The mortgage does not bind her. Laws 1876, c. 82. She was deprived of her co.mmon-law capacity to make such a conveyance (Babbitt v. Morrison, 58 N. H. 419, Thompson v. Ela, 58 N. H. 490) by the second proviso of the act of 1876, that “ no contract or…