Nicholson v. Heiderhoff

Citations

• 50 Miss. 56

Syllabus

<p>1. Married Women — Contracts of.— An obligation or promise to pay for-property, bought on a credit,'hy a married woman, is not embraced in. that class of contracts mentioned in the statute, and is not enforceable out of her separate estate. Code, 1857, art. 25. If such a liability is incurred, the wife may set up her disability as absolving her from it, which is a defense against the debt and any security which may accompany it. Whitworth v. Carter, 43 Miss. R., 72.</p> <p>8. Same — Election to Recede from Contract.— Where a married woman, buys property on credit, she has her election either to recede from the bargain and claim its annulment, or allow it to stand with a right in the vendor to subject the property to the payment of the debt ; beyond that, the vendor could not go, and coerce payment out of her other property.. But she cannot retain possesssion of the legal title and plead her disability in annulment of her obligation and security for the purchase money.. Gordon v. Manning, 44 Miss. R., 756.</p> <p>3. Same — Sale to a Married Woman on Credit.' — The sale and conveyance of property to a married woman on credit is a voidable contract on her part. She may make the payments, whereby the act becomes complete and executed. If the vendor seeks relief in equity, or any security reserved or made hy her, the decree will be framed so as to conform to the election she may make in her answer. If a married woman sells and. conveys property bought, on a credit, her alienee cannot defeat the liens-which the vendor has taken, on the allegation that his vendee was covert. Such alienation would be taken as a conclusive waiver of the privilege of disability, and the'.incumbrances which were voidable as to her, become conclusive upon her vendee.</p>