Viser v. Scruggs

Citations

• 49 Miss. 705

Syllabus

<p>Maraied Women, Contract op — Mississippi Statute. — The S'atute respecting the separate estate of married women, and their power over it, is emiblin and confers a legal capacity to make the class of contracts therein mentioned.</p> <p>Same — Same—Power op Feme Coverts to borr.ow money_A feme covert has not the general power to borrow money, although it is specified in the note (signed by herself and husband) to be for one of the purposes for which she may make a valid contract. If, however, it is shown that the money was actually used for such purpose, her promise to repay would bo binding. The actual use to which tho money was put makes the liability.</p> <p>Same — Liability op the Husband. — A note given for money loaned the wife, signed by the husband and wife, may not be binding on the wife, but it is nevertheless good against the husband. In such case a deed in trust on the wife’-s property encumbers the income.</p>