Bailey v. Bailey.
Supreme Court of North Carolina
Civil ActioN by Hannab J. Bailey against Joel N. Bailey, beard by Judge O. II. Allen, at Chambers, in Ashe-ville, September 29, 1900. From judgment and order granting plaintiff temporary alimony pendente lite and an attorney fee, and charging the same on the land of the defendant, the-defendant appealed.
1Opinion of the CourtMontgomery, J.
The question before ns arises upon an application for alimony pendente lite. The defendant, to defeat the application, offered in evidence a paper-writing properly executed between the plaintiff and the defendant. The preamble of the contract sets forth that the plaintiff and defendant, being anxious to adjust and settle all matters in reference to their separate property, have agreed among-themselves “to convey, release, and quit-claim to each other,, his or her heirs and assigns, all right of dower, all tenancy by tbe curtesy, all right of tenancy by tbe curtesy, and all other rights which…
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