Saunders v. . Ferrill
Supreme Court of North Carolina
Upon a treaty of marriage, between Hector C. Homer and Eliza Savills, they entered into written articles, bearing date the 19th of June, 1837, whereby it was agreed, that' all the estates, real and personal, of the intended wife, should be settled to her sole and separate use, during her life, with remainder after her death to the intended husband in absolute property. The marriage took effect shortly thereafter.
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Upon a treaty of marriage, between Hector C. Homer and Eliza Savills, they entered into written articles, bearing date the 19th of June, 1837, whereby it was agreed, that' all the estates, real and personal, of the intended wife, should be settled to her sole and separate use, during her life, with remainder after her death to the intended husband in absolute property. The marriage took effect shortly thereafter. The articles were attested by the present plaintiff alone; and were proved by his oath in August, and registered in September, 1837. On the 1st day of February, 1839, Mr. and Mrs.…
1Opinion of the Court
Ruffin, Chief Justice,
after stating the case as above, proceeded as follows. As the last point is unconnected with the others, it may be disposed of at once. From the terms of the exception we must take it, that the executions, though prior to the registration, were tested after the execution of the deed. The objection is, therefore, founded exclusively on the Revised Statute, ch. 37, sec. 24, (act of 1829, ch. 20;) which enacts that no deed of trust or mortgage shall be valid to pass property as against creditors, but from the registration. Our opinion is, that the act does not embrace every…
2Cited by7 opinions
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