Buford v. Mochy

Tbe plaintiff, a married woman, executed a deed to ber land without the written assent of her husband or privy examination as required by law. The grantees allege that during the negotiations she represented herself to be unmarried. She offers to return the purchase money and to save the grantees harmless, but they decline to surrender possession. Plaintiff sues in ejectment. The defendants plead estoppel in pais.

Is the plea of estoppel good ? The law answers in the negative.

In Scott v. Battle, 85 N. C., 184, where a married woman executed a deed to her land without the joinder of her husband…