Atkinson v. . Richardson
Supreme Court of North Carolina
Civil AotioN for the recovery of money only, heard before his Honor, Judge Seymour, at Fall Term, 1875, of the Superior Court of Wayne county.
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Civil AotioN for the recovery of money only, heard before his Honor, Judge Seymour, at Fall Term, 1875, of the Superior Court of Wayne county. The plaintiff on the 1st day of August, 1868, sold to the defendant, Mary E. Richardson, a tract of land in Orange county, for thirteen thousand dollars, and took three notes •under seal for that amount, signed by Mary E. Richardson as principal, and her husband, the co-defendant, with whom she intermarried in 1866. On the 21st of July, 1869, by consent these bonds were surrendered and cancelled and three other bonds were given for the same amount, two…
1Opinion of the CourtEodMAN, J.
It was held in Pippin v. Wesson, at this term, that tlie Constitution, in giving married women separate estates in their property, did not give to them a general power to contract. In order to charge tlie separate estate, tlie contract must either expressly, or by necessary implication from the consideration or nature of it, manifest an intent to do so. But if such an intent so appeared, and the contract was for the benefit of the married woman, the courts would enforce the charge by selling the separate estate for the payment of the debt. The question in the present case is, whether, from…
2Cases cited2 opinions
- Carpenter v. MitchellIllinois Supreme Court · 1869
- Gorham v. ArnoldMichigan Supreme Court · 1871
3Cited by4 opinions
- Burns v. . McGregorSupreme Court of North Carolina · 1884
- Draper v. . AllenSupreme Court of North Carolina · 1894
- Gann v. . SpencerSupreme Court of North Carolina · 1914
- In Re FreemanSupreme Court of North Carolina · 1895