McDougal v. People's Savings Bank

Citations

• 62 Miss. 663

Syllabus

<p>Married Woman. Attempt to avoid sale under trust-deed. Consideration. Case in judgment.</p> <p>In 1876, M., a married, woman, executed a deed of trust upon certain real estate, being her separate property, to secure the payment of a certain sum of money borrowed from a bank and used in paying two debts, one for one hundred and twelve dollars, which she had legal capacity under the Code of 1871 to contract, and the other for one hundred and sixty-four dollars, which she could not contract so as to hind her separate estate generally, but which was a charge upon the particular property conveyed by the deed of trust. Default having been made in the payment of the debt secured, the trust property, which was of an indivisible character, was sold by the trustee and bought by the bank at the price of two hundred and fifty dollars. M. made no objection to the sale, but several years thereafter filed her bill in chancery to avoid the same, on the ground that a part of the debt for which it was made, and which was thereby paid, was beyond her capacity to contract. Held, that the contract embraced in the deed of trust being no longer executory, but having been fully executed, the sale, in the circumstances of this case, must be upheld.</p>