¶1The coverture of Zillah Wood at the time she executed the mortgage is no defense. In equity, a married woman is regarded as a feme sole, and has power to dispose of her real estate, and incidentally to charge it for the debts of another. That has always been the rule in Hew York. The bond was not cut off by the statute of limitations, and consequently the collateral mortgage remained a valid lien. Judgment affirmed, with costs.
28 N.Y.S. 976
Fowler v. Wood
Decided May 14, 1894
New York Supreme Court · decided 1894-05-14
<p>1. Statute op Limitations—Exceptions—Payments.</p> <p>Defendant gave a mortgage on her land as collateral security for a bond which one F. had given to plaintiff to secure a debt of defendant’s husband to plaintiffs. The bond was signed by F. alone, but both F. and defendant’s husband joined in the execution of the mortgage, in which the only personal covenant was that of F. Held, that payments on the bond by defendant’s husband did not stop the running of the statute of limitations against the right to foreclose the mortgage. Pratt, J., dissenting.</p> <p>2. Same—Absence prom State.</p> <p>Where a mortgage is given as collateral security for the bond of a third person, and the obligor in the bond joins in the mortgage, though he has no interest in the mortgaged land, the absence of the mortgagor from the state does not stop the running of the statute of limitations against the mortgage.</p>
Decided 1894-05-14