Norfleet v. . Hawkins
Supreme Court of North Carolina
Execution of power by feme covert — Consideration— Presumption. This was a CIVIL, ACTION for the foreclosure of a mortgage, tried before Shepherd, Judge, and a jury, at Spring Term, 1885, of Vance Superior Court. The action was commenced on the 2nd day of April, 1881, by the plaintiff against the defendant M. Hawkirs and his wife, Truxilla Hawkins, for the foreclosure of a mortgage of a lot of land in the town of Henderson, heard at Spring Term, 1884, of said Court.
Read the full summary
Execution of power by feme covert — Consideration— Presumption. This was a CIVIL, ACTION for the foreclosure of a mortgage, tried before Shepherd, Judge, and a jury, at Spring Term, 1885, of Vance Superior Court. The action was commenced on the 2nd day of April, 1881, by the plaintiff against the defendant M. Hawkirs and his wife, Truxilla Hawkins, for the foreclosure of a mortgage of a lot of land in the town of Henderson, heard at Spring Term, 1884, of said Court. J. T. MeCraw who claimed the land as heir of Betty MeCraw, was made a party defendant. It was admitted that- the defendant…
1Opinion of the Court
Ashe, J.,
(after stating the case). On the trial the defendant’s counsel requested his Honor to charge the jury that the deed from Betty McCraw to her husband was presumed in law to he void unless it was showu to be made upon a fair consideration, and it devolved upon the plaintiff to show this by a preponderance of testimony, and if she fails to do so, the second issue should be found in the affirmative. We do not exactly comprehend what the learned counsel meant by a fair consideration, as in the execution of a power, except simply to effect a sale, no consideration is necessary. But. we…
2Cases cited3 opinions
- Boyd v. . De La MontagnieNew York Court of Appeals · 1878
- Taylor v. . EatmanSupreme Court of North Carolina · 1885
- McRae v. . Battle, Ex'r .Supreme Court of North Carolina · 1873
3Cited by8 opinions
- Chewning v. . MasonSupreme Court of North Carolina · 1912
- Roane v. . RobinsonSupreme Court of North Carolina · 1925
- Sims v. . RaySupreme Court of North Carolina · 1887
- Darden v. . MatthewsSupreme Court of North Carolina · 1917
- American Trust Co. v. WilliamsonSupreme Court of North Carolina · 1948
3 more not listed; retrieve them via the Exa API.