Ballard v. Lippman Bros.

Citations

• 32 Fla. 481

Syllabus

<p>1. A note payable to a married woman and secured by mortgage» on real estate was endorsed by her alone. On the mortgage-was written. “For value received, I do hereby assign, transfer- and set over the within mortgage, and the note to secure-which it is given, unto ” certain named endorsees, and this, transferwas signed by both husband and wife : Held, This to be a compliance with the requirement of the statute, that the husband and wife shall join in all sales, transfers and conveyances, of the personal property of the wife.</p> <p>2, The provision of the statute'(McClellan’s Digest, page 755, §6)„ that “the real estate of the wife shall only be conveyed by the joint deed of the husband and wife, duly attested, authenticated and admitted to record, according to the laws of Florida regulating conveyances of real property,” was not intended to render invalid, as between the parties thereto, a deed of a, married woman conveying her real estate otherwise in compliance with law, but not recorded. Christy vs. Burch, 25 Fla.,. 942, 2 South. Rep., 358, cited and approved.</p> <p>3. A married woman can in conjunction with her husband convey-the property of which she is seized in fee to secure the payment, of her husbands’s debts.</p> <p>4. When a chancellor, after adjudicating the equities between the-parties, in a cause not under a default, refers it to a master-for his report, the proceedings before him are regulated and controlled by the rules of practice appiliable to such a ref erence„ and the parties are entitled to notice and a hearing on the matters specified in the order of reference.</p>