Legal Opinion

Foster v. . Williams

Supreme Court of North Carolina

Decided December 14, 1921PublishedCited by 25 opinions

Appeal by defendant from Shaw, J., at the June Term, 1921, of Wilkes. Civil action, tried and determined on case agreed. From the facts and admissions properly presented, it appears that'on 9 December, 1907, Mrs. Nancy C. McGrlammery, then wife of L. M. McGrlammery, owner of the land in controversy, and who had been properly constituted a free trader, pursuant to the statute, undertook to convey said land, by written deed, to ber btisband.

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Appeal by defendant from Shaw, J., at the June Term, 1921, of Wilkes. Civil action, tried and determined on case agreed. From the facts and admissions properly presented, it appears that'on 9 December, 1907, Mrs. Nancy C. McGrlammery, then wife of L. M. McGrlammery, owner of the land in controversy, and who had been properly constituted a free trader, pursuant to the statute, undertook to convey said land, by written deed, to ber btisband. Said deed was in due form to convey real estate, containing the usual covenants, and with, acknowledgment and privy examination taken in ordinary form, but…

1Opinion of the Court

HoKE, J\

Our decisions have very insistently and uniformly held that in order to a valid conveyance of a married woman’s real estate there must be the written assent of her husband and her privy examination had pursuant to “the law, appertaining to the question. 1 C. S., 997; Stallings v. Walker, 176 N. C., 321; Warren v. Dail, 170 N. C., 406; Smith v. Bruton, 137 N. C., 79; Scott v. Battle, 85 N. C., 185. And when the conveyance is from the wife directly to the husband it is essential that, in addition to her private examination in ordinary form, there shall appear the certificate of the…

2Cases cited19 opinions

  1. Kearney v. . VannSupreme Court of North Carolina · 1911
  2. Searcy v. HunterTexas Supreme Court · 1891
  3. Baggett v. . JacksonSupreme Court of North Carolina · 1912
  4. Butler v. ButlerSupreme Court of North Carolina · 1915
  5. Warren v. . DailSupreme Court of North Carolina · 1915

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

3Cited by25 opinions

  1. Godwin v. Wachovia Bank & Trust CompanySupreme Court of North Carolina · 1963
  2. Trust Co. v. . WatkinsSupreme Court of North Carolina · 1939
  3. Best v. . UtleySupreme Court of North Carolina · 1925
  4. McCullen v. DurhamSupreme Court of North Carolina · 1948
  5. Seawell v. SeawellSupreme Court of North Carolina · 1951

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

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