Webb v. Hoselton
Nebraska Supreme Court
This was an action brought by the plaintiff in error, a married woman, in the district court of Lancaster county, against Hoselton, to whom she had executed a promissory note, secured by a mortgage on her separate,estate, and Monell and Lashley to whom the note had been transferred. Before the assignment of the note, she executed a deed of trust to the same premises, in which the defendant Lantz, was named as trustee.
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This was an action brought by the plaintiff in error, a married woman, in the district court of Lancaster county, against Hoselton, to whom she had executed a promissory note, secured by a mortgage on her separate,estate, and Monell and Lashley to whom the note had been transferred. Before the assignment of the note, she executed a deed of trust to the same premises, in which the defendant Lantz, was named as trustee. By the terms of this deed, the trustee was empowered, in case of default in the payment of said note, to sell the premises at public auction, but upon full payment of the same,…
1Opinion of the CourtMaxwell, J.
At common law the husband and wife are treated as one person, that is, the legal existence of the wife is suspended during marriage, and she becomes incapable of making a valid contract to bind either herself or her estate. Equity, however, following the rules of the civil law, treats the husband and wife as distinct persons, capable of having separate estates, debts and interests, and regards a married woman as to her separate property as a feme sole. And the fact that the debt has been contracted during coverture, either as principal or as surety for herself or husband, or jointly with him,…
2Cases cited7 opinions
- Short & Co. v. Trabue & Co.Court of Appeals of Kentucky · 1863
- Todd v. LeeWisconsin Supreme Court · 1862
- Kyger v. RyleyNebraska Supreme Court · 1873
- Lansing v. GoeletCourt for the Trial of Impeachments and Correction of Errors · 1827
- Deering v. BoyleSupreme Court of Kansas · 1871
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3Cited by28 opinions
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- Thompson v. MarshallOregon Supreme Court · 1891
- Ormsby v. OttmanCourt of Appeals for the Eighth Circuit · 1898
- Hill v. FavourArizona Supreme Court · 1938
- Renard v. BrownNebraska Supreme Court · 1878
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