Staley v. Hamilton

Citations

• 19 Fla. 275

Syllabus

<p>1. Where money is loaned upon the urgent importunity of a wife and her husband for the use of the husband, the wife joining him in making a promissory note for the money, she being possessed of separate real property, and not giving a valid security by mortgage or otherwise on such property, equity will not charge her separate property with the indebtedness.</p> <p>2. The only manner in which a married woman, living with her husband, can create a charge upon her separate property for an indebtedness not incurred on account of the beneficial nature of the consideration as enuring to the benefit of her property or estate, is by some deed, mortgage or other instalment of writing duly executed and acknowledged according to the statute.</p> <p>3. A charge upon a married woman’s separate property may arise in equity, where it must be necessarily inferred from the fact that the debt is contracted for the benefit of her property or estate,, in analogy to the doctrine of equitable lien for purchase money,, that she intended the payment to be made out of her own property, or where, living separately from her husband, the debt is contracted by her for her own personal benefit.</p>