BERNETTA V. ZIEGLER, ET AL., APPELLANTS,
v.
FORT LAUDERDALE SECURITIES CO., ET AL., APPELLEES
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The Florida Supreme Court affirmed lower court orders and decrees concerning a married woman's separate property. The case involved a mortgage on her property that was unenforcible because her husband did not join in its execution, but the court found the property could be subjected to payment under a written agreement for the benefit of her separate property.
Yes, the court held that the separate real property could be subjected to payment under the written agreement for the benefit of her separate property, as the orders and decrees appealed from were in substantial compliance with law and procedure.
“The mortgage being unenforcible because the husband did not join in executing it, proceedings were brought to subject in equity the same separate real property of the married woman for the payment of the money due by her upon an agreement in writing for the benefit of her separate property under section 2, Article NI of the constitution.”
This quote explains the core legal issue and the basis for seeking equitable relief.
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Join FLexlaw to unlock all legal intelligenceA married woman, who was not a free dealer, borrowed $10,000.00 and alone executed a note and a mortgage on her separate real property. The mortgage w…
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— A married woman not a free dealer borrowed $10,000.00 for which she alone gave a note and executed a mortgage upon her separate real property. The. mortgage being unenforcible because the husband did not join in executing it, proceedings were brought to subject in equity the same separate real property of the married woman for the payment of the money due by her upon an agreement in writing for the benefit of her separate property under section 2, Article NI of the constitution. See Vance v. Jacksonville R. & M. Co., 69 Fla. 33, 67 So. 636.
The orders and decrees appealed from are in substantial compliance with the requirements of law and rules of procedure and no reversible errors being made to appear, such orders and decrees are affirmed.
Whitfield, P.J., and Terrell and Davis, J.J., concur.
Buford, C.J., and Ellis and Brown, J.J., concur in the opinion and judgment.
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Citator
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Oates v. The Prudential Ins. Co. of Am., 107 Fla. 224 (Fla. 1932)…Fla. 1082, 128 So. 425; Shields vs. Ensign, 68 Fla. 522, 67 So. 140; Vance vs. Jacksonville R. & M. Co., 69 Fla. 33, 67 So. 636; Citizens Bank & Trust Co. vs. Smith, 97 Fla. 601, 121 So. 900; Ziegler vs. Ft. Lauderdale Securities Co., 102 Fla. 346, 135 So. 838. Thus it has been repeatedly held by this court that the contracts of a married woman are not void, but that the same may not be specifically enforced against her or the same are not a sufficient predicate on which to render a personal judgment or…
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Gulf Shore Dredging Co. v. Leala Mae Ingram, 193 So. 2d 232 (Fla. 4th DCA 1966)…gage is a sufficient writing to support a suit for an equitable lien or charge under the “writing” clause of the constitution. Deno v. Smith, 1931, 103 Fla. 282, 137 So. 248, 140 So. 335; Ziegler v. Ft. Lauderdale Securities Co., 1931, 102 Fla. 346, 135 So. 838. A mortgagee who uses the proceeds of an invalid mortgage to pay off a prior mortgage against a married mortgagor’s separate property is entitled to an equitable lien or charge. Smith v. Martin, supra. Plaintiff clearly was entitled to a lien or cha…
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Ester Nelson Patterson and her husband v. Touchton, 105 Fla. 275 (Fla. 1932)…Such may be said to be the effect of the holding in the cases of Vance v. Jacksonville Realty & Mortgage Co., 69 Fla. 33, 67 Sou. 636, and cases there cited; and Ziegler v. Ft. Lauderdale Securities Co. et al., opinion filed July 7, 1931, reported 135 So. 838. In this case the allegations of the amended bill of complaint sufficiently show a contract by a married woman, which she confirmed in writing, for services to be performed which were contemplated to inure to the benefit of her separate property, b…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Vance v. Jacksonville Realty & Mortg. Co., 69 Fla. 33 (Fla. 1915)