Ocklawaha River Farms Co. v. Young

Citations

• 73 Fla. 159

Syllabus

<p>1. Section 1 of Article XI of the Constitution of Florida, 1885, which provides that the property of a married woman owned by her before marriage, or lawfully acquired afterward, shall be her separate property, and shall not be liable for the debts of her husband without her consent given by some instrument in writing, executed according to the law respecting conveyances by married women, does not preclude a married woman from subjecting her separate property to the payment of'her husband’s pre-existing debt by joining with him in the execution of a mortgage in the form of a deed absolute, provided the same is executed in accordance with the law respecting conveyances by married women.</p> <p>2. When a married woman, under the provisions of Section 1, Article XI of the Constitution of Florida, 1883, consents that her separate property shall be liable for the debts of her husband, such consent may be in the form of a deed absolute to he^r separate property which by evidence aliunde may be .shown to be a mortgage, and need not expressly recite her corisent to the subjection of her property to such purpose, nor need such consent be supported by any other consideration than the debt of her husband.</p> <p>3. A married woman who joins with her husband in the execution of a mortgage upon her separate property to secure a debt of her husband, and such mortgage is in the form of a deed absolute which recites a specific amount as consideration, and she afterwards institutes a suit against her husband and the mortgagee for the purpose of having the instrument declared to be a mortgage, and for an accounting to ascertain the amount of indebtedness to secure which the mortgage was given, she will be bound by the decree in such suit adjudicating the character of the instrument and the amount due, which it was given to secure. '</p> <p>4. A pre-existing debt of the husband is a sufficient consideration to support a mortgage to his creditor executed by the debtor and his wife u