Arrington v. . Bell
Supreme Court of North Carolina
This was a CIVIL ACTION, tried before Philips, Judge, and a jury, at the Fall Term, 1885, of WarreN Superior Court. The action was brought to recover the value of a note under seal as follows to-wit: “On the first day of November next, we or either of us promise to pay to S. P. Arrington, or order, seventy dollars for value received. I, Ella R. Bell promising to pay out of my separate estate said amount.
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This was a CIVIL ACTION, tried before Philips, Judge, and a jury, at the Fall Term, 1885, of WarreN Superior Court. The action was brought to recover the value of a note under seal as follows to-wit: “On the first day of November next, we or either of us promise to pay to S. P. Arrington, or order, seventy dollars for value received. I, Ella R. Bell promising to pay out of my separate estate said amount. This March 14th, 1881. (Signed,) P. H. Bell, (Seal.) “ Ella R. Bell, (Seal.) The plaintiff alleged that the feme defendant, at the time of execution of the bond in suit, was in possession, as…
1Opinion of the CourtAshe, J.
(After stating the facts). The Code §1826 provides, that “no woman during her coverture, shall be capable of making any contract to affect her real or personal estate, except for her necessary expenses, or for the support of her family, or such as may be necessary in order to. pay her debts existing before marriage, without the written consent of her husband, unless she be a free trader.” Laws of 1871-% ch. 193, §17. A married woman before that act, had the power to charge her separate estate for the benefit of her person or estate, provided it was done in express terms or by necessary…
2Cases cited2 opinions
- Pippen v. . WessonSupreme Court of North Carolina · 1876
- M. M. Withers, Exr'x v. . T. W. Sparrow and WifeSupreme Court of North Carolina · 1872
3Cited by5 opinions
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- Jones v. . CraigmilesSupreme Court of North Carolina · 1894