Kuker v. Carter

Citations

• 42 S.C. 84
• 20 S.E. 22
• 1894 S.C. LEXIS 23

Syllabus

<p>1. Married Woman’s Contracts. — A married woman is liable on her note and mortgage, as a contract affecting her separate estate, where the lender knows that she borrowed and received the money, without knowledge by him that it was received for another person.</p> <p>2. Findings oe Pact — Appeal.—Where there is a conflict of testimony, and the master and Circuit Judge differ in their conclusions therefrom, the latter is prima facie correct.</p> <p>3. Married Woman — Contracts—Evidence.—The preponderance of the evidence in this case shows that the note and mortgage of the wife were given to secure advances to the husband, to be used by him in cultivating lands of his wife, of which he was entitled to the usufruct by virtue of his marriage and his wife's ownership of the land prior to the Constitution of 1868: and this conclusion is strengthened by the creditor’s failure, without sufficient excuse, to produce his books, showing to whom the credit was originally extended.</p>