Huntley v. . Whitner
Supreme Court of North Carolina
Civil Action commenced before a Justice of tíre Peace and tried on appeal at Spring Term, 1877, of Catawba Superior Court, before Schenck, J. David Link died intestate 'in 1870, leaving a widow and three children — namely, the plaintiff, the defendant’s intestate (Sarah Cline) and Barbara Sigmore. The two last named were married women in 1873, and the plaintiff a widow.
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Civil Action commenced before a Justice of tíre Peace and tried on appeal at Spring Term, 1877, of Catawba Superior Court, before Schenck, J. David Link died intestate 'in 1870, leaving a widow and three children — namely, the plaintiff, the defendant’s intestate (Sarah Cline) and Barbara Sigmore. The two last named were married women in 1873, and the plaintiff a widow. These three persons held the land, of which their ancestor died seized, as tenants in common, and with their husbands procured commissioners to divide the same between them. After the division they joined their husbands-in…
1Opinion of the CourtReade, J.
The question is, whether the bond of a married, woman to pay money given for a fair and full consideration is valid and binding upon her ?
It is familiar learning that the contract of a married woman is not merely voidable like the contract of an infant, but that it is absolutely void and of no effect and cannot be ratified.
It is supposed, however, that our Constitution of 1868, and our Legislature since, have made some exceptions to the common law doctrine. They have made none whatever as to the general doctrine. If a married woman borrows of me $100 and gives me her bond for it, she is no…
2Cited by10 opinions
- Dougherty v. . SprinkleSupreme Court of North Carolina · 1883
- Flaum v. Wallace Bros.Supreme Court of North Carolina · 1889
- Vann v. Edwards.Supreme Court of North Carolina · 1904
- Hodges v. PriceSupreme Court of Florida · 1881
- Baker v. GarrisSupreme Court of North Carolina · 1891
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