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Conflict of Laws Keyed to Brilmayer
Thomson v. Kyle
Citation:
39 Fla. 582, 23 So. 12 (1897)Facts
On January 18, 1890, the Defendants, John and Della Thompson, executed a mortgage in Alabama for real property located in Florida. At the same time, Della executed a promissory note conveying a different piece of real property located in Florida as security for the mortgage. The note was due April 10, 1890 and payable in the city of Birmingham, Alabama.
Plaintiff, Kyle, brought suit in the circuit court of Alachua county in Florida against John and Della, seeking to foreclose on the mortgage. Della argued that at the time the note and mortgage were executed, she was married to John. In accordance with Alabama’s coverture laws, the obligation of a married woman executed for her husband’s debt is void. As a result, she argued that the note and mortgage were void in the state of Alabama and should also be void in the state of Florida.
The trial court found the that the note and mortgage were not void. John and Della appealed.
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