Thomson v. Kyle

39 Fla. 582, 23 So. 12 (1897)

Study Aids
Case Briefs Overview
Casebooks
Case Briefs
T
From our private database of 46,300+ case briefs, written and edited by humans—never with AI.

Thomson v. Kyle

Florida Supreme Court
39 Fla. 582, 23 So. 12 (1897)

Facts

John Thomson and his wife, Della (defendants), executed a mortgage in Alabama pertaining to real property located in Florida. The same day, Della Thomson executed a promissory note conveying a separate parcel of real property owned by her as security for the mortgage. Under Alabama’s coverture statute, a married woman lacked the capacity to bind herself by contract. Subsequently, Kyle (plaintiff) filed suit in Florida state court against the Thomsons, seeking to foreclose on the mortgage. Della argued that because the note and mortgage were executed in Alabama, she lacked the capacity to execute the documents under Alabama law. Therefore, any obligation agreed to by Della was null, void, and incapable of enforcement. The trial court disagreed and held for Kyle. The Thompsons appealed.

Rule of Law

Issue

Holding and Reasoning (Carter, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 811,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.

    Unlock this case briefRead our student testimonials

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.

    Learn about our approachRead more about Quimbee

Here's why 811,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 46,300 briefs, keyed to 988 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Access this case brief for FREE

With a 7-day free trial membership
Here's why 811,000 law students have relied on our case briefs:
  • Reliable - written by law professors and practitioners, not other law students
  • The right length and amount of information - includes the facts, issue, rule of law, holding and reasoning, and any concurrences and dissents
  • Access in your class - works on your mobile and tablet
  • 46,300 briefs - keyed to 988 casebooks
  • Uniform format for every case brief
  • Written in plain English - not in legalese and not just repeating the court's language
  • Massive library of related video lessons - and practice questions
  • Top-notch customer support

Access this case brief for FREE

With a 7-day free trial membership

Casebooks

Conflict of Laws

Key Terms