Thompson v. . Wiggins
Supreme Court of North Carolina
Civil ACTION, tried before Mclver, J., upon waiver of jury trial,, at September Term, 1891, of RobesoN Superior Court. There was judgment for plaintiff, from which defendant appealed.
1Opinion of the Court
Clark, J.:
The question presented is the right of the husband to sue for the rents of the wife’s real estate when the marriage has taken place since the Constitution of 1868. That Constitution provides, Art. 10, § 6, that the real and personal property of any female, whether acquired before or after marriage, “ shall be and remain the sole and separate estate and property of such female.” The rents arising from her real estate are, therefore, the wife’s, and an action therefor must be brought by the wife,- she being the real party in interest. The Code, % 177. It is not even necessary that the…
2Cases cited8 opinions
- Manning v. . ManningSupreme Court of North Carolina · 1878
- Jones v. . CohenSupreme Court of North Carolina · 1880
- Morris v. . MorrisSupreme Court of North Carolina · 1886
- Wilson v. ArentzSupreme Court of North Carolina · 1874
- Jones and Wife v. . CarterSupreme Court of North Carolina · 1875
3 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Jackson v. BeardSupreme Court of North Carolina · 1913
- Jackson v. . BeardSupreme Court of North Carolina · 1913
- Kilpatrick v. . KilpatrickSupreme Court of North Carolina · 1918
- Blankenship v. BlankenshipSupreme Court of North Carolina · 1951
- Cobb v. . RasberrySupreme Court of North Carolina · 1895
4 more not listed; retrieve them via the Exa API.