Swank v. Hufnagle
Indiana Supreme Court
111 Ind. 453, 12 N.E. 303 (1887)
- Written by Mary Phelan D'Isa, JD
Facts
Swank (plaintiff) sued Mr. and Mrs. Hufnagle (defendants) in an Indiana state court on a note and mortgage executed in Ohio on land located in Indiana. Mrs. Hufnagle answered that she was married and that she executed the mortgage as her husband’s surety and that she assumed to convey land owned by her in Indiana. Under Indiana law, a mortgage executed by a married woman as surety on land owned by her in Indiana is void. Swank alleged that because the contract was made in Ohio, Ohio law applied, and it provided that a woman had power to execute such a mortgage. The trial court held that the validity of the mortgage was governed by the law where the property is located, which was Indiana. Swank appealed.
Rule of Law
Issue
Holding and Reasoning (Elliot, J.)
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