Legal Opinion

Graves v. . Howard

Supreme Court of North Carolina

Decided October 9, 1912PublishedCited by 38 opinions

Appeal by defendant from Ferguson, Jat November Term, 1911, of "WlLSON. This is a controversy between W. W. Graves, the purchaser under a second mortgage executed by J. B. Stickney, and the owner of the first mortgage, heard upon the following agreed facts: 1. That on 4 January, 1900, J. B. Stickney and his wife, Martha H. Stickney, executed and delivered unto Mrs. M. P. Morgan of the State of Alabama, and the sister of J. B. Stick-ney, a mortgage deed upon certain lands…

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Appeal by defendant from Ferguson, Jat November Term, 1911, of "WlLSON. This is a controversy between W. W. Graves, the purchaser under a second mortgage executed by J. B. Stickney, and the owner of the first mortgage, heard upon the following agreed facts: 1. That on 4 January, 1900, J. B. Stickney and his wife, Martha H. Stickney, executed and delivered unto Mrs. M. P. Morgan of the State of Alabama, and the sister of J. B. Stick-ney, a mortgage deed upon certain lands lying and being in tbe town of Wilson, county of Wilson, North Carolina, containing two acres, and being tbe residence of…

1Opinion of the CourtAllen, J.

The learned counsel for the defendant referred us to the decisions of the highest courts of Indiana, New Jersey, Louisiana, Wisconsin, and Pennsylvania, holding that the statute of limitations does not run in' favor of the., husband against á claim owned by his wife, to which we have given careful and respectful consideration.

The cases from these courts rest upon the principle of the common law, that the wife cannot maintain an action against her husband, because of the unity of the person, o’r upon the ground that the removal of the common-law disability by statute generally does not confer…

2Cases cited17 opinions

  1. Bank of Columbia v. OkelySupreme Court of the United States · 1819
  2. Terry v. AndersonSupreme Court of the United States · 1877
  3. Sohn v. WatersonSupreme Court of the United States · 1873
  4. Jackson v. LamphireSupreme Court of the United States · 1830
  5. Koshkonong v. BurtonSupreme Court of the United States · 1882

12 more not listed; retrieve them via the Exa API.

3Cited by38 opinions

  1. Fulp v. FulpSupreme Court of North Carolina · 1965
  2. Crowell v. . CrowellSupreme Court of North Carolina · 1920
  3. Hartford Accident & Indemnity Co. v. HoodSupreme Court of North Carolina · 1946
  4. Crowell v. CrowellSupreme Court of North Carolina · 1920
  5. Roberts v. . RobertsSupreme Court of North Carolina · 1923

33 more not listed; retrieve them via the Exa API.

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