Franklin v. Beatty
Mississippi Supreme Court
In error from the circuit court of Holmes cqunty; Hon. Robert C. Perry, judge. The facts of the case are contained in the opinion of the court. The ability of a feme covert possessed of a separate estaté to make a contract and incur a liability binding on that estate in equity, has long been well settled.
Read the full summary
In error from the circuit court of Holmes cqunty; Hon. Robert C. Perry, judge. The facts of the case are contained in the opinion of the court. The ability of a feme covert possessed of a separate estaté to make a contract and incur a liability binding on that estate in equity, has long been well settled. In Clancy, on Rights of Married Women, the doctrine is thus stated: “ In the preceding chapters an attempt has been made to explain and elucidate the rule that a feme covert, acting with respect to her separate property, is competent to act in all respects as if she were a feme sole, and all…
1Opinion of the CourtJustice Handy
The plaintiff in error filed his bill on the equity side of the circuit court of Holmes county, to foreclose a mortgage executed by the defendant in error, a feme covert, and her husband, who died before the filing of the bill.
The bill states that the notes, to secure which the mortgage was made, were executed in the year 1841, by Mrs. Beatty alone, she being then married, and the owner of property in her own separate right; that she became indebted to the plaintiff *355in error on account of that estate, and, in consideration thereof, executed the notes; and that afterwards, and in the year…
2Cases cited1 opinion
- Sessions v. BaconMississippi Supreme Court · 1852
3Cited by3 opinions
- Warfield v. RavesiesSupreme Court of Alabama · 1863
- Equitable Building & Loan Ass'n v. KingSupreme Court of Florida · 1904
- Foster v. WilcoxSupreme Court of Rhode Island · 1873