Scottish, Co. v. Mixson

Citations

• 38 S.C. 432
• 17 S.E. 244
• 1893 S.C. LEXIS 84

Syllabus

<p>1. Married Women — Mortgage.—The act of 1881 (19 Star., 819), “to declare the law relating to the separate estate of married women,” having provided that all mortgages executed by a married woman, affecting her separate estate, shall be effectual to charge such estate whenever the intention so to charge is declared in such mortgage, the right of the married woman to make a valid mortgage of her separate property was thereby made to depend only upon her intention, and such intention was conclusively manifested when so declared. A mortgage made by a married woman while this act was in force, containing- an expression of her intention to charge, in the words of the statute, is binding upon her, without regard to whether it was given for her debt or for the debt of her husband.</p> <p>2. Findings oe Fact by the Circuit Judge, supported by testimony, approved.</p>