Smith v. . King
Supreme Court of North Carolina
This was a civil action, tried, before Armfield, J, at February Term, 1890, of the Superior Court of Guileojrd County, in which the plaintiff sought the rescission and cancellation of a deed of trust, mentioned in the pleadings and set out as an exhibit. Defendants resisted this rescission and cancellation upon the grounds set forth in their answers.
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This was a civil action, tried, before Armfield, J, at February Term, 1890, of the Superior Court of Guileojrd County, in which the plaintiff sought the rescission and cancellation of a deed of trust, mentioned in the pleadings and set out as an exhibit. Defendants resisted this rescission and cancellation upon the grounds set forth in their answers. A jury was impaneled, and, after the reading of the pleadings, and after certain admissions of fact were mutually made and accepted by the counsel for plaintiff and defendants, his Honor suggested that there was no matter disputed making it…
1Opinion of the Court
Clark, J.:
On grounds of public policy, deeds of separation between husband and wife were held invalid in this State. Collins v. Collins, Phil. Eq., 153. There has been no statute since legalizing such d'eeds, but they seem •incidentally to be recognized as valid by section 1831 of The Code. Smith, C. J., in Sparks v. Sparks, 94 N. C., 527, intimates that this section, to some extent, at least, renders valid articles of separation. But it is not necessary that we pass upon this question. For conceding, for the argument, that such deeds, in proper cases, will be upheld, we concur with his Honor…
2Cases cited3 opinions
- Sparks v. . SparksSupreme Court of North Carolina · 1886
- Shelthar v. GregoryNew York Supreme Court · 1829
- Brooks v. . BrooksSupreme Court of North Carolina · 1884
3Cited by29 opinions
- Archbell v. ArchbellSupreme Court of North Carolina · 1912
- Archbell v. . ArchbellSupreme Court of North Carolina · 1912
- Cram v. . CramSupreme Court of North Carolina · 1895
- Dennis v. PerkinsSupreme Court of Kansas · 1913
- Haile v. HaleSupreme Court of Oklahoma · 1913
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