Page:North Dakota Reports (vol. 3).pdf/309

This page needs to be proofread.
MORTGAGE CO. v. STEVENS.
269

and binding upon her, though the holder knew how and why it was made. But the fact that she was married does not at all change the rule, or limit her power in this respect.” The case is directly in point. No authority to the contrary can be found. The decision is in harmony with advanced ideas upon the subject. It accords with the spirit of our legislation touching married women. By various statutes her property has been rested from the control of her husband. He is no longer liable for her debts. She is made responsible for her own engagements. Sections 2589, 2593, 2594, Comp. Laws. The policy disclosed by all the legislation in this state upon the subject is to place the married woman upon the same footing as a feme sole with respect to her property and to her rights to make binding contracts. See, also, as tending to support our views, Wood v. Orford, 52 Cal. 412, and Marlow v. Barlew, 53 Cal. 456. We have no fear that, under the construction we have placed upon the statute, the wife will become the victim of the husband’s machinations to strip her of her property for his own benefit. Nor would the denial of her power to bind herself for the payment of his debts afford her any protection as against her husband. It is always in her power to give him her entire estate, or to pay all his debts out of her separate property. The judgment is reversed, and the District Court is directed to enter judgment for plaintiff for the amount due upon the note, with costs. All concur.

(55 N. W. Rep. 578.)