Legal Opinion

Wade v. Wade

Supreme Court of North Carolina

Decided April 6, 1960Published

1Opinion of the CourtHiggiNS, J.

From the allegations of the complaint it appears that during negotiations for a settlement prior to the institution of the suit the defendant had a deed of separation prepared. Both parties admit it was never signed by either. Therefore, it has remained a blank paper without legal effect. In the case of Pearce v. Pearce, 226 N.C. 307, 37 S.E. 2d 904, this Court had before it a deed of separation which had been signed, though “not executed in the manner required by G.S. 52-12 and 52-13.” This Court said: “It must be noted at the threshold of this case that the asserted written agreement of…

2Cases cited4 opinions

  1. Daniel v. GardnerSupreme Court of North Carolina · 1954
  2. Hall v. HallSupreme Court of North Carolina · 1959
  3. Cunningham v. CunninghamSupreme Court of North Carolina · 1951
  4. Pearce v. . PearceSupreme Court of North Carolina · 1946

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