Thomson v. Kyle

23 So. 12 (1897)

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Nature of the Case

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Facts

Kyle (P) filed a bill in equity in the Circuit Court of Alachua county praying foreclosure of a mortgage on certain real estate situated in that county. The mortgage debt was evidenced by a note executed by the Ds under date January 18, 1890, for $2,932, due April 10, 1890, and payable in the city of Birmingham, Alabama. The mortgage given to secure this note was executed on the same day by Ds. Della K. Thomson (D) filed her plea alleging that prior and subsequent to, and at the time of, the execution of the note and mortgage she was a married woman, the wife of her co-defendant, and seized and possessed of a statutory separate estate in her own individual right and control, part of which was embraced in the mortgage; that the note and mortgage were executed in the State of Alabama, and that all transactions, out of which the mortgage debt arose, occurred in said State; that the mortgage debt was the debt of her husband exclusively, and she executed the note and mortgage as security only, and upon no other consideration; that by the laws of Alabama the obligation of a married woman executed for her husband's debt was null and void, and incapable of enforcement. Della (D) posits since the note and mortgage were void as to her in Alabama it was also void in Florida. The trial court disagreed. Ds appealed.