128 Ga. 79 | Ga. | 1907
(After stating the foregoing facts.)
The wife may borrow money and give it to her husband, although the lender (he being no party to any arrangement between the husband and wife for procuring the money) knows that the husband is to have the use of the same.' White v. Stocker, 85 Ga. 200; McCrary v. Grandy, 92 Ga. 319; Chastain v. Peak, 111 Ga. 889; Johnson v. Leffler Co., 122 Ga. 670. Or she may sell her property for the sole purpose of raising money with which to pay her husband’s debt, the purchaser not being a creditor of the husband, and having nothing to do with any arrangement between the husband and wife looking to the making of such sale. Nelms v. Keller, 103 Ga. 745; National Bank v. Carlton, 96 Ga. 469. The reasoning on which these cases rest is that a .married woman may sell or pledge her property so long as the- transaction is not part of a scheme, participated in by the other party, the intent of which is to apply the wife’s money to the discharge of the husband’s debt. If she borrows the money on her own responsibility and for herself, the law permits her to give it to the husband. Cain v. Ligon, 71 Ga. 692. In all the cases where the wife has been held liable on her contract,
Judgment reversed.