Bristol Grocery Co. v. Bails
Supreme Court of North Carolina
Appeal by plaintiffs from Lane, J., at July Term, 1918, of Ashe. Tie defendant, W. Bails, was a general merchant and purchased goods from the plaintiffs. Later, W. Bails and his wife, Essie Lee Bails, made an assignment for benefit of creditors, alleging that they were partners in the mercantile business, and each of them claiming their personal property exemption.
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Appeal by plaintiffs from Lane, J., at July Term, 1918, of Ashe. Tie defendant, W. Bails, was a general merchant and purchased goods from the plaintiffs. Later, W. Bails and his wife, Essie Lee Bails, made an assignment for benefit of creditors, alleging that they were partners in the mercantile business, and each of them claiming their personal property exemption. The plaintiffs brought an action attacking the deed of assignment for fraud on the part of W. Bails in the purchase of the goods and contesting the right of Essie Lee Bails to exemption, and charging that J. E. Shumate was a…
1Opinion of the CourtClark, C. J.
The only point presented in the argument in this Court was as to the correctness of the judgment permitting Essie Lee Bails to have her personal property exemption allotted.
The right to the homestead and personal exemption is guaranteed to “every resident” by the Constitution. The liability of the wife on her contracts has been settled ever since the statute which provided “Every married woman shall be authorized to contract and deal so as to affect her real and personal property in the same manner and with the same effect as if- she were unmarried.” Chapter 109, Laws 1911; Lipinsky v.…
2Cases cited12 opinions
- Crummen v. . BennetSupreme Court of North Carolina · 1873
- Arnold v. . EstisSupreme Court of North Carolina · 1885
- Bowen v. . DaughertySupreme Court of North Carolina · 1915
- Lipinsky v. . RevellSupreme Court of North Carolina · 1914
- Rankin v. . ShawSupreme Court of North Carolina · 1886
7 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Eggleston v. . EgglestonSupreme Court of North Carolina · 1948
- Carlisle v. . CarlisleSupreme Court of North Carolina · 1945
- Finance Co. v. . HendrySupreme Court of North Carolina · 1925
- Security Finance Co. v. HendrySupreme Court of North Carolina · 1925
- New Amsterdam Casualty Co. v. DunnSupreme Court of North Carolina · 1936