Syme v. . Riddle
Supreme Court of North Carolina
Special PROCEEDING- heard at Spring Term, 1883, of Waice Superior Court, before Philips, J. This is a proceeding begun before the probate judge for the purpose of making real estate assets, and after issues joined it was certified to the superior court. It is conceded that the plaintiff’s intestate left no personal property, and that she owned no real estate except that described in the complaint.
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Special PROCEEDING- heard at Spring Term, 1883, of Waice Superior Court, before Philips, J. This is a proceeding begun before the probate judge for the purpose of making real estate assets, and after issues joined it was certified to the superior court. It is conceded that the plaintiff’s intestate left no personal property, and that she owned no real estate except that described in the complaint. She died in 1874, and the plaintiff qualified as her administrator in 1878. Shortly before her death, she conveyed the land to the defendant in fee simple, but the plaintiff insists that this was…
1Opinion of the CourtRuffin, J.
Unquestionably, it was the well settled principle, both of law and equity, as understood and enforced in this state prior to the adoption of the constitution of 1868, and the “ marriage act” of 1871-72, that the husband was entitled absolutely and in bis own right to the services of the wife, and likewise to the fruits of her industry, whether exerted in his own affairs or in those of a stranger. He alone could receipt for, or discharge a debt arising from her services, or, if withheld, could sue for and recover it.
These rights were given to the husband, because of the obligation which the…
2Cases cited2 opinions
- Baker v. . Jordan .Supreme Court of North Carolina · 1875
- Morgan v. BollesSupreme Court of Connecticut · 1869
3Cited by17 opinions
- Johnson v. JohnsonSupreme Court of North Carolina · 1986
- McCurry v. . PurgasonSupreme Court of North Carolina · 1915
- Patterson v. . FranklinSupreme Court of North Carolina · 1915
- Kirkpatrick v. . CrutchfieldSupreme Court of North Carolina · 1919
- Hairston v. . GlennSupreme Court of North Carolina · 1897
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