Gentile Brothers v. L. M. Bryan

WHITFIELD, P. J. -- L. M. Bryan, without the concurrence of his wife, executed a mortgage ""lien upon all citrus fruit that may be produced on trees growing upon"" described lands, the homestead of the mortgagor. The mortgage contains a personal covenant that Bryan ""will at all times cultivate, spray for control of pests and diseases, and in all ways diligently care for and protect the citrus trees and the fruit growing thereon""; and the mortgage lien is to secure payment for ""cash advances made, supplies furnished and services rendered"" by the mortgagee, who agreed ""to furnish * for use on the trees such fertilizer, spray material and insecticides as shall be * necessary * for protecting fruit on all trees."" The question presented is whether under the constitution the wife must join the