Chambers v. Bookman

Citations

• 32 S.C. 455
• 11 S.E. 349
• 1890 S.C. LEXIS 81

Syllabus

<p>1. A mortgage is binding upon a married woman where it was executed by her prior to the General Statutes of 1882, whereby her right to contract was limited to such contracts as related to her separate estate.</p> <p>2. Findings of fact by the Circuit Judge from written testimony sustained in part and in part reversed.</p> <p>3. Where a bond executed after 1882 shows upon its face that it is the debt of the husband to secure advances, and the supplies advanced are charged to him, the bond being also signed by the wife and a mortgage of her separate estate to secure it being given by her, but no testimony furnished by the mortgagee to show that the advances were for her use, or for the use of any property of hers then operated by herself or by her agent, the mortgage is not binding upon the wife’s separate estate.</p> <p>4. Where a married woman borrows money herself, alleging that it is for the purpose of freeing her plantation from debt, and her husband receives the money as her agent, her contract of repayment is binding upon her, no matter what disposition was made of the money, if the lender had no reason to suspect an application other than for the uses of her separate estate.</p>