Jaeckel v. Pease

Citations

• 6 Idaho 131
• 53 P. 399
• 1898 Ida. LEXIS 38

Syllabus

<p>Foreclosure of Mortgage — Mortgage Debt — Plalntiff Entitled to What is Due Him. — If, in a suit to foreclose a mortgage, the courts should decide that plaintiff is not entitled to a foreclosure, yet, nevertheless the plaintiff should have judgment for any portion of the mortgage debt shown by the pleadings and proof to be due him, against the defendants personally liable therefor.</p> <p>Married Woman — Community Debt — Created for Wife’s Separate Benefit. — A married woman cannot bind herself personally for the debt of her husband, or for a community debt, and it is error to render judgment jointly against the husband and wife on a note signed by both in the absence of a showing that the debt was created for the separate use and benefit of the wife, or for the use and benefit of her separate estate.</p> <p>(Syllabus by the court.)'</p>