Etheridge's Adm'r v. Parker & Wife

Citations

• 76 Va. 247
• 1882 Va. LEXIS 26

Syllabus

<p>1. Married Women—Separate estate—Jus disponendi.—Deed conveying property to separate use of wife gives her the absolute dominion over it of a feme sole. Of course, that property can be sold under deed of trust executed on it by her and her husband to pay their bond.</p> <p>2. Assignor—Assignee—Equities.—Assignee of non-negotiable dwse takes it subject to all debtors’ equities against assignor existing at time or before notice of assignment, and based on honest transactions between him and assignor.</p> <p>3. Idem.—Private agreement, unknown to assignee, cannot be set up as defence to payment by one who lends to another his credit in the form of a note.</p> <p>4. Case here.—P and wife were indebted to L, who had in hand money belonging to E, which L desired to borrow. L told E he could lend it at large interest, well secured, and was authorized to do so. L got from P and wife their bond, secured by deed of trust on her separate estate, but had to give her his own more-negotiable note for same amount. Both P and wife knew this was to enable L to raise money. E, ignorant of the note given by L to Mrs, P, became assignee for full value of the bond and deed of trust of P and wife. No fraud was imputable to any of the parties.</p> <p>Held :</p> <p>E is entitled to enforce the deed of trust for the payment of his debt, unaffected by any supposed equities between L and P and wife.</p>