Brodnax v. Aetna Ins. Co.

Citations

• 128 U.S. 236
• 9 S. Ct. 61
• 32 L. Ed. 445
• 1888 U.S. LEXIS 2215

Syllabus

<p>The provision in § 1783 of the Code of Georgia, (eel. 1882,) that “thewife - is a feme sole as to her separate estate, unless controlled by the settlement,” and that “while the wife may contract she cannot bind her separate estate by . . . any assumption of the debts of her husband, and ' any sale of her separate estate made to a creditor of her husband in extinguishment of his debt shall also be void,” does not apply to a settlement made upon her by the husband, by deed of trust conveying the property to a trustee free' from the debts and liabilities of the hus- ’ baijd, and providing that whenever the husband and the wife shall by written request so direct, the trustee shall execute mortgages of the property; and does not invalidate an otherwise valid mortgage, executed by the trustee, on such written request, in order to secure a debt 'due from the husband'.</p>