American Mortg. Co. of Scotland v. Owens
U.S. Circuit Court for the District of South Carolina
This was a suit by the American Mortgage Company oí Scotland, Limited, against Missouri A. Owens and Eaymond Owens, her husband, for the foreclosure of a mortgage. The cause was heard on the pleadings and proofs.
1Opinion of the Court
SIMONTON, Circuit Judge.
This is a bill to foreclose a mortgage given by a married woman of her separate property. The mortgage bears date 12th March, 1886. The first question which meets us in the case is, was this a valid mortgage, she being a married woman? In South Carolina, at the date of the mortgage, a married woman was under disability; perhaps it would be more exact to say “had but a limited power to contract.” Savings Inst. v. Luhn, 34 S. C. 186, 13 S. E. 357. She could only contract with reference to her separate estate. Questions upon this subject have for many years vexed the…
2Cases cited3 opinions
- Drakely v. GreggSupreme Court of the United States · 1869
- Hibernian Savings Institution v. LuhnSupreme Court of South Carolina · 1891
- Scottish American Mortgage Co. v. DeasSupreme Court of South Carolina · 1892