Scottish American Mortgage Co. v. Deas

Citations

• 35 S.C. 42
• 14 S.E. 486
• 1892 S.C. LEXIS 146

Syllabus

<p>1. Married Women’s Contracts. — YYhere a married woman, either directly or through her agent, borrows money from another, the money so borrowed becomes at once a part of her separate estate, and her contract to repay the same is a contract with reference to her separate estate, which may be enforced against her; and the lender, in the absence of notice to the contrary, has a right to assume that the money was borrowed for the use of the married woman, and she is estopped from denying that fact, unless it is shown that the lender had notice to the contrary. Hibernia Savings Institution v. Lulin, 34 S. C., 176, approved.</p> <p>2. Ibid. — -Agency.—-The application for a loan was signed with the name of a married woman by her husband, the lender believing the signature to lie genuine. This application stated that the wife was the borrower ; that she had live stock on the land offered as security ; that it was not leased to any one, and no one else had a right of possession ; that the only eneumbi'anee was a small balance due on a mortgage given for supplies which would bo paid out of this loan. The wife afterwards, knowing that a loan had been asked for from plaintiff, signed the notes and a mortgage of this land which was her separate property. The husband generally managed and attended- to all of his wife’s business. Held, that she had ratified the act' of her husband in negotiating this loan and was bound by the statements contained in the application, and these statements justified the lender in believing that the money was borrowed for the wife’s use.</p> <p>3. Ibid.- — Ibid.—Under the statement in the application that the money borrowed was to bo used in part in removing a mortgage encumbrance, and the money having been almost wholly so used, and this prior mortgage having boon given for supplies used on the wife's plantation under the husband’s management as her agent, the loan now in question constituted a debt of the wife ior.wbich she was liable.</p> <p>4.