
    James P. Bennett, complainant, v. Emma E. Orchard, defendant.
    [Decided September 23d, 1926.]
    A mortgage executed by a married woman on her separate estate without her husband joining is ineffective as a lien, but equity will declare it a lien if it was given to secure a debt contracted by her on the credit of her estate.
    
      Mr. Simon M. Seley, for the complainant.
    
      Mr. Wiliam 7. Azzoli, for the defendant.
   Backes, Y. C.

The bill is in the usual form, to foreclose a mortgage by a married woman in which her husband did not join. The document is ineffective as a mortgage lien and incapable of foreclosure. Realty Title and Mortgage Co. v. Schaaf, 81 N. J. Eq. 115.

The mortgage was given to secure a pre-existing debt, and does not come within the principle of the cited cases that a lien will be declared and enforced against the separate estate of a married woman for a debt contracted by her on the credit of her estate, and which she intended to charge therewith by the mortgage sought to be foreclosed.

Bill dismissed.  