Jones v. Craigmiles
Supreme Court of North Carolina
Civil action, heard, upon demurrer to the complaint, at Fall Term, 1893, of Cherokee Superior Court, before Arm-field, J. The action sought to have a note executed by the defendants declared a charge upon the separate personal estate of the feme defendant, a married woman.
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Civil action, heard, upon demurrer to the complaint, at Fall Term, 1893, of Cherokee Superior Court, before Arm-field, J. The action sought to have a note executed by the defendants declared a charge upon the separate personal estate of the feme defendant, a married woman. The complaint alleged : *“1. That the defendants executed to C. P. Powell & Co. their promissory note on or about the 20th day of December, 1889, for the sum of $81.07 in the following words and figures, to-wit: “ ' $81.07. Six months after date we, J. M. Craigmiles and M. S. Craigmiles, promise to pay to the order of C. F.…
1Opinion of the Court
Shephekd, C. J.:
Prom the context of tlic writing sued upon we are of the opinion that it was intended to expressly charge the separate estate of the wife, and it is effective for that purpose so far as the separate personal estate is concerned. In the case of. an express charge it is not necessary that it should appear-that the consideration is beneficial to the wife ; nor is it necessary that the separate estate should be specifically described. Flaum v. Wallace, 103 N. C., 296. It is also unnecessary that the assent of the husband should be signified by a separate clause. His execution of…
2Cases cited5 opinions
- Dyett v. North American Coal Co.New York Supreme Court · 1838
- Dougherty v. . SprinkleSupreme Court of North Carolina · 1883
- Flaum v. Wallace Bros.Supreme Court of North Carolina · 1889
- Coon v. BrookNew York Supreme Court · 1856
- Arrington v. . BellSupreme Court of North Carolina · 1886
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- Witz, Biedler & Co. v. GraySupreme Court of North Carolina · 1895
- A. Brinkley & Co. v. BallanceSupreme Court of North Carolina · 1900
- Stallings v. . WalkerSupreme Court of North Carolina · 1918
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