Legal Opinion

Jenkins v. . Bobbitt

Supreme Court of North Carolina

Decided June 5, 1877PublishedCited by 20 opinions

Civil ActioN tried, at August Special Term, 1876, of GRANVILLE Superior Court, before Seymour, J. This action was brought to foreclose a mortgage, and a jury trial being waived by the parties, His Honor found the following facts: 1. On the 23d of January, 1874, the defendant executed •to the plaintiff a mortgage on certain lands in the County of Granville to secure a debt of $500 which he owed to plaintiff’. 2. The mortgage deed was without the consent, signature, ■or…

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Civil ActioN tried, at August Special Term, 1876, of GRANVILLE Superior Court, before Seymour, J. This action was brought to foreclose a mortgage, and a jury trial being waived by the parties, His Honor found the following facts: 1. On the 23d of January, 1874, the defendant executed •to the plaintiff a mortgage on certain lands in the County of Granville to secure a debt of $500 which he owed to plaintiff’. 2. The mortgage deed was without the consent, signature, ■or private examination of the defendant’s wife. 3. Previous to the execution of the mortgage, the said land was, upon petition of…

1Opinion of the Court

PbaRSON C. J.

Previous to the execution of the mortgage mentioned in the pleadings, the homestead of the defendant had been duly assigned in the land. The question is, — was a conveyance of the land subject to the homestead valid to-pase the reversion ? His Honor ruled that the con veyance was invalid for want of the assent of the wife of the defendant.

The wife has no estate, interest or concern in the reversion. It does not take effect in possession until after the termination of the homestead estate. So we are at a loss to see on what ground the assent of the wife should be necessary, in…

2Cases cited1 opinion

  1. Hinsdale v. . WilliamsSupreme Court of North Carolina · 1876

3Cited by20 opinions

  1. Vanstory v. ThorntonSupreme Court of North Carolina · 1893
  2. Murphy v. . McNeillSupreme Court of North Carolina · 1880
  3. Joyner v. Sugg.Supreme Court of North Carolina · 1903
  4. Castlebury v. . MaynardSupreme Court of North Carolina · 1886
  5. Williams v. . ScottSupreme Court of North Carolina · 1898

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