Legal Opinion

Lancaster v. . Lancaster

Supreme Court of North Carolina

Decided September 10, 1919PublishedCited by 1 opinion

Appeal by defendant from Bond, J., at June Term, 1919, of Edge-combe. Tbe plaintiff was seized in ber own right of the land described in the pleadings. Her lzusband having been declared a lunatic and being confined in the hospital at Raleigh, she contracted to sell the land to the defendant, who refused the deed tendered by the plaintiff upon the sole ground that she could not convey title thereto by a good and sufficient deed without the written assent of her husband.

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Appeal by defendant from Bond, J., at June Term, 1919, of Edge-combe. Tbe plaintiff was seized in ber own right of the land described in the pleadings. Her lzusband having been declared a lunatic and being confined in the hospital at Raleigh, she contracted to sell the land to the defendant, who refused the deed tendered by the plaintiff upon the sole ground that she could not convey title thereto by a good and sufficient deed without the written assent of her husband. The court gave judgment for the plaintiff, and the defendant appealed.

1Opinion of the Court

ClaRK, O. J.

The sole question raised is whether or not the plaintiff, whose husband had been declared a lunatic, can, during the continuance of such lunacy, convey her land without the written assent of her husband, under sec. 2116 of the Revisal; in other words, whether or not this section is in violation of sec. 6, Art. S, of the Constitution.

This statute is clear and unambiguous. It provides, among other things, that “Every woman . . . whose husband shall have been declared an idiot or lunatic shall be deemed and held from the date . . . of such idiocy or lunacy, and during its…

2Cases cited9 opinions

  1. Farthing v. . ShieldsSupreme Court of North Carolina · 1890
  2. Flaum v. Wallace Bros.Supreme Court of North Carolina · 1889
  3. Sparks v. . SparksSupreme Court of North Carolina · 1886
  4. Hall v. . WalkerSupreme Court of North Carolina · 1896
  5. Council v. PridgenSupreme Court of North Carolina · 1910

4 more not listed; retrieve them via the Exa API.

3Cited by1 opinion

  1. Buford v. MochySupreme Court of North Carolina · 1944

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