Branch v. . Ward
Supreme Court of North Carolina
This was an APPLICATION to continue a restraining order to the hearing, heard by Bynum, J., at Chambers in Wil-soN, Thursday, February 8, 1894. It was admitted that the articles of personal property were raised on the lands that belonged to the feme defendant. Counsel for defendant moved the Court to discharge the property and dissolve the restraining order as to it.
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This was an APPLICATION to continue a restraining order to the hearing, heard by Bynum, J., at Chambers in Wil-soN, Thursday, February 8, 1894. It was admitted that the articles of personal property were raised on the lands that belonged to the feme defendant. Counsel for defendant moved the Court to discharge the property and dissolve the restraining order as to it. The Court denied this motion, holding that there was enough evidence to go to the jury as to whether there was not ah assent on the part of the wife that the husband might use as his own and for his separate estate the property…
1Opinion of the Court
A VERY, J.:
“It is better” (said Shepherd, C. J., in Wells v. Batts, 112 N. C., 290—13 Am. St. Rep., 506) “that the law should require her (the wife’s) positive and unequivocal assent than to destroy the domestic tranquility by forcing her, at the peril of forfeiting her rights, to exercise a constant and irritating surveillance over the conduct of her husband in the management and cultivation of her lands for their joint support. No inconvenience can result from such a ruling, as it is quite easy for a party making advances to require that she be joined as a party to the mortgage.” It was…
2Cases cited1 opinion
- Lowe v. U. S. Mutual Accident Ass'nSupreme Court of North Carolina · 1894
3Cited by4 opinions
- Shermer v. . DobbinsSupreme Court of North Carolina · 1918
- Pitt v. . SpeightSupreme Court of North Carolina · 1943
- Bray v. . CarterSupreme Court of North Carolina · 1894
- Robinson v. . WilloughbySupreme Court of North Carolina · 1874