Thomson v. Kyle
Florida Supreme Court
39 Fla. 582, 23 So. 12 (1897)
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
Holding and Reasoning (Carter, J.)
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