Alexander v. Bouton

Citations

• 55 Cal. 15

Syllabus

<p>Married Women — Contract — Promissory Note — Mortgage—Principad and Sureties.—The appellant, to secure the debt of her husband, joined with him in a note, and in a mortgage upon her separate property—having been induced to do so by the representations of her husband that she was to be liable only to the extent of the mortgaged property. The plaintiff also took a collateral agreement from others, to secure any deficiency lliat might remain after the sale of the mortgaged property; but the defendants were not parties to tills agreement. Held—in an action to foreclose tlie mortgage, that the appellant was bound as principal, and that her liability was not affected by tlio understanding she had with her husband, or by the additional security taken by the plaintiff; and held further, that she was liable for any deficiency that might arise upon the sale of tho mortgaged premises, and that judgment might he docketed against her for it.</p> <p>Id.—Id.—Id.—Id.—A' married woman, except in relation to her separate property, is, in this State, under a disability to contract; but, as to her separate property, she is considered as a femme sole, and may make any contract with relation to it; and where a married woman executes a note, and a mortgage upon her separate property, the promise to pay is to he construed as relating, not only to the mortgaged premises, but to her separate property generally.</p>