Everett v. . Ballard
Supreme Court of North Carolina
Appeal by plaintiff from Wheclbee, J., at June Term, 1917, of Mae-TIN. On 14 October, 1914, the defendant Nannie B. Roberson, wife of W. R. Roberson, contracted in writing, without written assent of her husband, with the plaintiff to sell him a tract of land, her separate property, at the price of $2,500. After the delivery of said contract the defendant Nannie B. Roberson, with the written assent of her husband, conveyed the land to the defendant M. W. Ballard.
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Appeal by plaintiff from Wheclbee, J., at June Term, 1917, of Mae-TIN. On 14 October, 1914, the defendant Nannie B. Roberson, wife of W. R. Roberson, contracted in writing, without written assent of her husband, with the plaintiff to sell him a tract of land, her separate property, at the price of $2,500. After the delivery of said contract the defendant Nannie B. Roberson, with the written assent of her husband, conveyed the land to the defendant M. W. Ballard. This action is brought against said Nannie B. Roberson to recover damages for the breach of said contract upon her part and against…
1Opinion of the CourtClark, C. J.
The change in the property and contract rights of married women made by the Constitution of 1868 and the laws since is so complete that no aid can be had by reference to the decisions made before such changes, and their present status may be thus briefly summed up:
Property Rights. — The Constitution, Art. X, 'sec. 6, provides that all the property, real and personal, of any married woman acquired before or after marriage shall not be liable (as formerly) to the debts or control of the husband, but shall be “The sole and separate estate and property of such female . . . and may be devised and…
2Cases cited3 opinions
- Warren v. . DailSupreme Court of North Carolina · 1915
- Davis v. WatsonMissouri Court of Appeals · 1901
- Vann v. EdwardsSupreme Court of North Carolina · 1901