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BEDFORD V. BURTON, 106 U. S. 338 (1882)

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U.S. Supreme Court

Bedford v. Burton, 106 U.S. 338 (1882)

Bedford v. Burton

Decided November 13, 1882

106 U.S. 338

Syllabus

Where a woman, with the consent of her husband, bought land and gave her promissory notes for part of the purchase money, which bear ten percent interest per annum, a rate allowed by the laws of the state when a special contract therefor is made, and the vendor reserved in the deed a lien to secure the payment of the notes, and she and her husband went into possession, erected permanent improvements, and made payments on the notes,

Held:

1. That she, though consenting to account for rents and profits, is not entitled, by reason of her coverture, to have the sale set aside and the purchase money already paid refunded, nor will she or her husband be allowed anything for the improvements.

2. That for the amount remaining due upon the notes according to their tenor and effect, the lien may be enforced by a sale of the land.

The case is fully stated in the opinion of the Court.





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