Alachua County Clerk of the Court Seal Alachua County Clerk of the Court
J.K. "Jess" Irby, Esq. - Clerk of the Court
Ancient Records
Judgment Docket 9
Previous Page
Book Cover
Page 237 Image
Ancient Records
Next Page
Judgment Docket 9 Page 237
to these lands or to any part thereof up to the Clerk of this Court for
cancellation and that said Clerk is hereby ordered and directed to
cancel said deed on the records. And it is further ordered and decreed
that the said Jacob E Dodd pay the costs of this suit, for which let 
execution issue.
 Done and ordered this 20th day of July AD 1899
                                           W.A. Hocker
                                               Judge
Filed July 24th 1899  Recorded July 24th 1899
                              H.C. Denton  Clerk
                                  per S.H. Wienges  DC

                      In Circuit Court of Alachua Co Fla In Chancery
Equitable Building of Loan Association}
                vs                    }  Foreclosure
Louise G. King et al                  }
           This cause comes before the Court on Demurrer to the
Bill for want of Equity & because the bond sued on is the bond of a
married woman but the questions presented an interesting & have not
been decided in this State so far as I am aware - The Complainant
Seems to rely upon the case of Falls et al vs US Savings L & B Co 13
So Rep 25. This case is somewhat remarkable in as much as it holds
the Contract made to be an Alabama Contract so far as usary was
concerned, and a Minnesota contract so far as the Stock subscription 
was concerned. I cannot appreciate why such a discrimination was made
But whatever the reason it does not seem to me to cover the question raised
in this case viz whither the contractwas binding at all being made
by a married woman. Even S2208 Revd Statutes applies it was not
complied with in this case, as the husband does not sign the bond.
I think the question of the competency of the married woman to control
must be governed by the law of her domicile especially in regard to her
separate property in the State.  See Story on conflict of Laws (7th Ed)
SS 64.65.66.66a101 (1) A&E En Law (1st Ed) Vol 3 pr 544 & note  If I am
correct in this the Contract or bond made by Louise G. King in
Alachua Co Fla must Stand or fall under the law of Fla. If this
were not so, all that a married woman would have to do in order
to evade her disability of contracting would be to make all her Contracts
with reference to the laws of some State, when no marital
disability existed & then by Comity her contracts would have to be
enforced here, No State it seems to me would permit such an
evasion of its laws. I think therefore the bond executed by
Mrs King is void and that consequently the mortgage is void
It is therefore ordered adjudged & decreed that the demurrer to
the Bill be & the same is hereby sustained
Ocala Fla July 25th 1899
Filed July 25th 1899 Recorded July 27th 1899      W.A. Hocker
                    H.C. Denton  Clerk                 Judge
                              pr S.H. Wienges DC
Transcribed by Charles Blankenship 20 March 2005
Previous Page
Book Cover
Page 237 Image
Ancient Records
Next Page