Gwathmey v. Pearce
Supreme Court of North Carolina
ExceptioNS to the account of an administrator, heard before the Probate Court of Chowan county, and thence carried by appeal to the Superior Court and again heard by Mure, J., at .Fall Term, 1875. His Honor, presiding in the court below sends to this court, substantially, the following facts: Augustus R. Creecy died in November, 1872, and administration on his estate was granted to the defendant, Edward Pearce.
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ExceptioNS to the account of an administrator, heard before the Probate Court of Chowan county, and thence carried by appeal to the Superior Court and again heard by Mure, J., at .Fall Term, 1875. His Honor, presiding in the court below sends to this court, substantially, the following facts: Augustus R. Creecy died in November, 1872, and administration on his estate was granted to the defendant, Edward Pearce. On the 21st of August, 1871, the intestate, Creecy, bought •eertain lands, and on the same day he conveyed the same by trust deed, in which his wife, Mary E., joined to convey her…
1Opinion of the CourtHeads, J.
Where a wife conveys her separate property to secure a debt of her husband’s, the relation which she sustains to the transaction is that of surety. Purvis and wife v. Carstarphen, 73 N. C. Rep. 575.
Here the wife joined her husband in the conveyance of his land in trust to pay his debt; in which land she had, under our dower statute, a vested right to dower, to be allotted after her husband’s death; and she joined in the deed for the purpose of binding her dower. After her husband’s death the whole laud, her dower included, was sold under the trust deed to pay the debt. This made the wife a…
2Cited by11 opinions
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- Trust Co. v. . BenbowSupreme Court of North Carolina · 1904
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