Griffin v. Earle

Citations

• 34 S.C. 246
• 13 S.E. 473
• 1891 S.C. LEXIS 52

Syllabus

<p>1. Interested AVitness — Party Deceased. — Where a married woman is sued upon her bond and mortgage by the assignee of the executors of the mortgagee, her husband may testify to communications had between himself and the mortgagee at the time the debt was contracted, as to whether the loan was made for his own uses or for the use of his wife’s separate estate, his interest.in the event of the action (if any such as the law contemplates) being equally balanced.</p> <p>2. Ibid. — Ibid.'—'Whether a liability to the mortgagee fixed upon the husband by his own testimony, is barred by the statute of limitations, is an incidental question which cannot be considered in determining whether he is interested in the event of this action.</p> <p>3. Evidence — Party Deceased. — In action by the assignee of a mortgagee, the mortgagor may testify that she never had any communication or transaction with the mortgagee, now deceased.</p> <p>4. Evidence. — In action of foreclosure against a married woman, testi'mony by a witness of what the husband said at the time the mortgage was given, his wife not being present, was clearly incompetent, the husband not being his wife's agent.</p> <p>5. Findings of Fact by the Circuit Judge, in an equity case, from written testimony submitted to him, approved.</p> <p>6. Married Woman's Contracts. — A bond and mortgage given by a married woman in 1884 to secure the repayment of money borrowed by her husband and used by him in his business as a merchant, is an absolute nullity as to her.</p> <p>7. Ibid.' — Laches-—Estoppel.—-A married woman gave her bond secured by a mortgage of her separate property to raise money for her husband’s use, without any representation by her that she ivas borrowing for herself. Afterwards the mortgagee died, and his executors assigned these papers, without any representations by the mortgagor and even without her knowledge, so far as appears. When this assignee attempted five years afterwards to enforce payment by sale