Salinas v. Turner

Citations

• 33 S.C. 231
• 11 S.E. 702
• 1890 S.C. LEXIS 127

Syllabus

<p>1. A married woman has no power to borrow money for the use of her husband, nor to give her note therefor, nor bind her separate estate by a mortgage executed to secure such note. Therefore such note and mortgage cannot be enforced against the maker where the lender knew that the money was to be used in paying a judgment debt of the husband ; and knowledge by the lender’s agent, through whom the loan was negotiated, was knowledge by the lender himself.</p> <p>2. A liability for this note and mortgage cannot be fixed upon the married woman by procuring an assignment to her of the husband’s debt so paid with this money, she not having borrowed the money for' the purpose of purchasing the judgment, but of paying it, and its assignment to her not having been made at her request or with her knowledge.</p>