Deno v. Smith

140 So. 335, 137 So. 248, 103 Fla. 282, 1931 Fla. LEXIS 1296

• Court: Supreme Court of Florida
• Decided: October 27, 1931
• Status: Published

Opinions

Per Curiam.

This cause having heretofore been submitted to the Court upon the transcript of the record of the decree herein, and briefs and argument of counsel for the respective parties, and the record having been seen and inspected, and the Court being now advised of its judgment to be given in the premises, it seems to the Court that there is no error in the said decree; it is, therefore, considered, ordered and decreed by the Court that the said decree of the Circuit Court be, and the same is hereby affirmed.

While a promissory note of a married woman not a free dealer is not a legal predicate for a personal judgment or decree against' her, such a note with competent evidence as to the circumstances under which the note was executed and a due consideration received by her, may constitute an agreement in writing for the benefit of her separate property, for which the married woman’s separate real or personal property may be charged in equity and sold, under section 2, Article XI, constitution.

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.