Mize v. Hawkins

• Decision Date: 31 January 1875
• Citation: 54 Ga. 501
• Parties: Rebecca J. mize, plaintiff in error. v. Willis A. Hawkins et al., defendants in error.
• Court: Georgia Supreme Court

54 Ga. 501

Rebecca J. mize, plaintiff in error. v. Willis A. Hawkins et al., defendants in error.

Supreme Court of the State of Georgia

(Atlanta, January Term, 1875.)

1. Separate Estate—Power to Charge.^*—Section 1783 of the Code, declaring void the contracts of a wife which bind her separate estate for the debts of her husband, does not affect the power of a widow to contract with reference to such debts after his death.

2. Injunction.†—The testimony at the hearing for the injunction having been conflicting as to the main issue,, to-wit: the consideration of the note, it was a matter for the chancellor to determine, and there was no abuse of his discretion calling for the interference of this court.

Trippe, Judge.

*.Separate Estate—Power to Charge.—See the principal case cited in Ency. Dig. Ga. Rep., vol. 7, p. 164. See generally, lb., vol. 11, p. 482.

†Injunction.—See the principal case cited in notes to Cubbedge v. Adams, 42 Ga. 126; Moses v. Flewellen, 42 Ga. 386; Bridwell v. McNair, 43 Ga. 176; Ency. Dig. Ga. Rep., vol. 7, p. 475.