Thompson v. Kyle

John and Della Thompson (defendants) executed a mortgage in Alabama on real property located in Florida, with Della separately executing a promissory note conveying her own separate Florida parcel as security; under Alabama's coverture statute, a married woman lacked capacity to bind herself by contract. When Kyle (plaintiff) sued in Florida to foreclose, Della argued that because the documents were executed in Alabama, her lack of capacity under Alabama law rendered them void; the trial court disagreed and ruled for Kyle, and the Thompsons appealed.