A Treatise on the Modern Law of Contracts; Including a Full Consideration of the Contracts and Undertakings of Public and Private Corporations as Determined by the Courts and Statutes of England and the United States Volume 2

A Treatise on the Modern Law of Contracts; Including a Full Consideration of the Contracts and Undertakings of Public and Private Corporations as Determined by the Courts and Statutes of England and the United States Volume 2

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1896 edition. Excerpt: ... 1322. The same subject c0ntinued.--Where a married woman mortgages real estate which is her individual property, to secure her husband's note, the consideration of such note and mortgage being the extension of time of payment of the debt evidenced by such note, the consideration will be held sufiicient, and the wife bound, to the extent of the property mortgaged, for the payment of the debt.' In Texas a wife may execute a mortgage jointly with her husband, which shall subJect her separate property to the payment of debts which may be contracted by the husband subsequent to his execution of the mortgage, or to the payment of interest on a debt due at the time.' A married woman may give a valid mortgage to secure money borrowed to pay off a prior mortgage executed by her on her separate estate, although the mortgagee may know that the first mortgage was given to secure her husband's debt, and Was not binding on her, since a married woman is liable On a contract to repay money borrowed by her, without refer li,"11nd this principle was in that case 3PIIOCl to a femc covert. But neither t at ease, nor any of the cases cited (Burns o. McGregor, 90 N. Car. 222; Walker v. Brooks, 99 N. Car. 207: Mihn v. Crossland, 94 N. Car. 76; Boyd V-T_l1_rpin, 94 N. Car. 137), sustain the position that the false and fraudulent representations of a married woman, 21:: her capacity to contract, estops so tofgzglysserting her legal incapacity s'E1IaIyo v. Farrar, 112 N. Car. 66; 16 8-ffl-H ep.9lO, per Avery, J.: "Vhe!"8 Her ozhcovert denves title in any manoi a d:3 than under the limitation here; or settlement, she can alien erhu go 111 land only by joinder of pri ' 5!"1d_ In the conveyance, with "S examination...show more

Product details

  • Paperback | 608 pages
  • 189 x 246 x 31mm | 1,070g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236872487
  • 9781236872487