Stout v. . Perry
Supreme Court of North Carolina
Appeal from W. J. Adams, J., at November Term, 1909, of Chatham. Tbe plaintiff is tbe administrator of Mrs. Susan Johnson; ¿tbe defendants are tbe administrators of Josbua Johnson. Joshua Johnson and Susan Johnson were husband and wife.
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Appeal from W. J. Adams, J., at November Term, 1909, of Chatham. Tbe plaintiff is tbe administrator of Mrs. Susan Johnson; ¿tbe defendants are tbe administrators of Josbua Johnson. Joshua Johnson and Susan Johnson were husband and wife. Tbe former died 10 October, 1906; tbe latter 13 July, 1907. They mere married 27 June, 1877. On 26 July, 1878, the bus-band and wife executed their agreement to convey a tract of land, belonging to tbe wife, to E. E. Dismukes, for $900, of which $250 was paid in casia, and the balance evidenced by six notes; the first for $100, due one year after date, and tbe…
1Opinion of the CourtManning, J.
The plaintiff contends that the judge’s ruling was correct, because the contract between the husband and wife was not executed with the formality required by section 2107, Rev., and the evidence offered did not so tend to prove, but established that it was not so executed.
' The defendants contend that the evidence tended to prove that the wife created her husband her agent; that it was not a contract to charge or impair the body or capital of the wife’s personal estate for the husband’s advantage, and was not required to be executed with the formality prescribed by that section of the Revisal.
2Cases cited9 opinions
- Sims v. . RaySupreme Court of North Carolina · 1887
- Bazemore v. . MountainSupreme Court of North Carolina · 1897
- Witz, Biedler & Co. v. GraySupreme Court of North Carolina · 1895
- Cunningham v. . CunninghamSupreme Court of North Carolina · 1897
- Long v. . RankinSupreme Court of North Carolina · 1891
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3Cited by2 opinions
- In re CutchinSupreme Court of Virginia · 1912
- Bush v. Western Union Telegraph Co.Supreme Court of South Carolina · 1912