McKune

The plaintiff is the assignee of a note and mortgage»upon which he sues, praying a decree of foreclosure and a personal judgment. The defendant, for McGarvey alone defends, pleads her coverture.

I find the following facts: On the 18th day of October, 1854, the defendants, being both married women, declared their intention of becoming sole traders in the husmeas of “ farming and stock raising.” On the same day, they purchased the premises in controversy, and executed the note and mortgage declared on, to secure a part of the purchase money. The declaration was not recorded or published til the-next day.

At common law, a note executed by a married woman was absolutely *206 void. She could be the recipient of a conveyance, but she could only convey, anciently ,-by; find and recovery, and latterly-by deed in.which the husband united. Under certain conditions, our statute concerning sole traders-removes this disability. - Were those conditions complied with by the defendant at the time of the delivery of .the note and mortgage ?. , •

The provisions of the.statute are, at first view, contradictory and inconsistent. The second section, provides that, from the date of. the. declaration…