The defendant in error being a married woman, made her promissory note to one Samuel Gunhouse; it was, after
1. The plaintiff in error received for value the note and mortgage when over-due, and was charged with notice of all equities between the parties. If it had been done before due, he would have been protected against this married woman, even if the transaction was a security for the debt of another (70 Ga., 322); but if not transferred before due, the security is void, under section 17S3 of the Code. So to the same point is 70 Ga., 57, and 09 Id 661. So that, if this note and mortgage were given by defendant in error to help her son-in-lawraise money for him - self or firm, and were traded after due, the mortgage does not bind her. That, they were transferred after due is not denied, and that they w-bre used to pay debts or raise money for the son-in-law’s-firm is equally clear. There is also evidence that the s'on-in law, failing to get money to relieve his embarrassments, got the note and mortgage for that purpose. He < could not therefore enforce the payment of the note and mortgage; and the plaintiff in error, having purchased, alter their maturity, is in no better situation than the.-payee.
2. But the proof is that the defendant in error frequently demanded the return of this note and mortgage; lhatthe son-in-law paid nothing for it; that it was a mere gift or loan ; that the demand for its return was made time and again before it got into the possession of the plaintiff in error. Such being the case, it is invalid. 5 Am. Reports, 556; 9 Am. Dec., 191; 18 Johnson’s R.. 145.
Judgment affirmed.