Weir v. . Page
Supreme Court of North Carolina
Civil ACTION, tried before Winston, J., at the April Term, 1891, of the Superior Court of Wake County. The action was originally brought against Rufus H. Page and Sallie E. Page his wife, but Rufus H. Page died before the complaint was filed, and his personal representative has never been made a party, and the action is prosecuted against Sallie E. Page alone.
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Civil ACTION, tried before Winston, J., at the April Term, 1891, of the Superior Court of Wake County. The action was originally brought against Rufus H. Page and Sallie E. Page his wife, but Rufus H. Page died before the complaint was filed, and his personal representative has never been made a party, and the action is prosecuted against Sallie E. Page alone. The plaintiff seeks to enforce a claim and lien for work and labor done and material furnished on the property of Rufus H. Page and the separate property of the feme defendant, as set out in the complaint. The defendant, in her answer,…
1Opinion of the Court
Davis, J.:
The plaintiff bases his claim and lien for work and labor done and material furnished upon a contract made with Rufus H. Page, the deceased husband of the defendant. It is well settled that unless a married woman be a free trader, as prescribed by statute, The Code, §§ 1827, 1828 et seq., she is incapable of making any executory contract, affecting her real or personal estate, except as allowed in § 1826 of The Code. We deem it sufficient to refer to these sections of The Code and to Farthing v. Shields, 106 N. C., 289, and the authorities there cited, in which the subject is…
2Cases cited1 opinion
- Farthing v. . ShieldsSupreme Court of North Carolina · 1890
3Cited by13 opinions
- Kearney v. . VannSupreme Court of North Carolina · 1911
- Fort v. . AllenSupreme Court of North Carolina · 1892
- Stephens v. . HicksSupreme Court of North Carolina · 1911
- Finger v. Hunter.Supreme Court of North Carolina · 1902
- Finch v. . CecilSupreme Court of North Carolina · 1915
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