Gleaton v. Gibson

Citations

• 29 S.C. 514
• 7 S.E. 833
• 1888 S.C. LEXIS 160

Syllabus

<p>1. In 1867, real property was conveyed to a married woman for life, to her sole and separate use. Under the powers of disposition conferred upon married women by the act of 1870 (14 Stat., 325) and while that act was of force she could execute a valid mortgage upon this property to pay another's debt. This is not giving to that statute any retroactive operation.</p> <p>2. This case distinguished from Babb v. Flenniken, ante 278.</p> <p>3. If foreclosure be refused upon a ground affecting only the mortgage, the court may, in the same action, give an ordinary judgment for the debt due.</p>