Kuker v. McIntyre

Citations

• 43 S.C. 117
• 20 S.E. 976
• 1895 S.C. LEXIS 139

Syllabus

<p>1. Married Woman — Mortgage.—Under the law authorizing a married woman “to contract and be contracted with, as to her separate property, in the same way as if she were unmarried,” she has full power to execute a mortgage to secure a contract made by her as to her separate property.</p> <p>2. Ibid.. — Ibid.—Findings oe Fact. — A married woman is not liable to plaintiff on her bond and mortgage, where referee and Circuit Judge find that they were given to secure the husband’s indebtedness, the testimony sustaining these findings, and the burden being on plaintiff to show that the contract was as to defendant’s separate property.</p> <p>3. Ibid. — Ibid.—Ibid.—Other findings of fact by the Circuit Judge as to payment sustained, and a harmless error as to the location of a credit disregarded.</p> <p>4. Ibid. — Ibid.—Application oe Payments. — Payments made by a married woman to her creditor must be applied to her valid indebtedness, and cannot be applied to a bond signed by her, but void under the law.</p>