Joseph P. Bradley

“ This provision would seem to be sufficient to confer upon a married woman, purchasing land to her own use, power to execute a mortgage upon the land to secure the purchase money, binding at least upon the land, if not creating any personal obligation against her. But the present case is a stronger one than that of a mortgage. The deed by which she holds the property is qualified by expressly retaining a lien for the payment of the purchase money. The lien goes with the estate and affects it in a manner similar to a condition. ”

“ Under such circumstances the married woman is not entitled to have the cash payment refunded. In making the payment, as we have seen, she exercised a right which the law concedes. * * * All she can claim is exemption from personal liability.
These cases decided by the highest court of Tennessee, where the land lies, and where the transaction took place, are of stringent authority, and they accord with our own views of the law. ”

“ It should be added that, by the statute law of Tennessee, 'married women over the age of 21 years, owning the fee or other legal or equitable interest or estate in real estate, shall have the same powers of disposition, by will, deed, or otherwise, as are possessed by femes sole, or unmarried women.' Code of Tennessee, § 2486. ”