Royal v. . Southerland
Supreme Court of North Carolina
Appeal by feme defendant from Daniels, J., at August Term, 1914, of SAMPSON. Civil action to recover balance due on a note under seal, executed by /erne covert defendant with, ber busband, R. B. Southerland, as bis surety. Tbe note was given for $1,000, and to secure same a second mortgage on tbe wife’s land was also executed.
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Appeal by feme defendant from Daniels, J., at August Term, 1914, of SAMPSON. Civil action to recover balance due on a note under seal, executed by /erne covert defendant with, ber busband, R. B. Southerland, as bis surety. Tbe note was given for $1,000, and to secure same a second mortgage on tbe wife’s land was also executed. Tbe land having been sold under decree of foreclosure, tbe sum of $751.50 was realized thereon as tbe portion applicable to tbe present note, and this sum having been properly entered as a credit, there was recovery against tbe feme defendant for tbe balance due.…
1Opinion of the CourtHoke, J.
Tbe statute of 1911, cb. 109, known, as tbe Martin Act, ■ authorizes married women to contract and deal as if they were unmarried except in reference to conveyances of real estate and as to contracts between tbe busband and tbe wife, in both of wbicb cases certain formalities are required to' make these conveyances and contracts, efficient and binding.
It is tbe obvious intent and meaning of tbe statute that a feme .covert may bind herself by her ordinary contracts (Lipinsky v. Bevell, 167 N. C., 508), and we see no reason why tbe privilege or capacity does not extend to contracts of…
2Cases cited6 opinions
- Walker v. . VentersSupreme Court of North Carolina · 1908
- Vann v. Edwards.Supreme Court of North Carolina · 1904
- Lipinsky v. . RevellSupreme Court of North Carolina · 1914
- Deering v. BoyleSupreme Court of Kansas · 1871
- A. Brinkley & Co. v. BallanceSupreme Court of North Carolina · 1900
1 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Warren v. . DailSupreme Court of North Carolina · 1915
- Tise v. . Hicks.Supreme Court of North Carolina · 1926
- ARCADY FARMS MILLING COMPANY v. WallaceSupreme Court of North Carolina · 1955
- Barnes v. . CrawfordSupreme Court of North Carolina · 1931
- Etheridge v. WescottSupreme Court of North Carolina · 1956
7 more not listed; retrieve them via the Exa API.