Ball v. Paquin.
Supreme Court of North Carolina
ActioN by Leroy Ball and another against Paul Paquin and wife, beard by Judge M. H. Justice and a jury, at the September Term, 1904, of the Superior Court of Buncombe.
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ActioN by Leroy Ball and another against Paul Paquin and wife, beard by Judge M. H. Justice and a jury, at the September Term, 1904, of the Superior Court of Buncombe. The plaintiffs allege that the feme defendant, Hannah B. Paquin, was on or before October 15, 1900, the owner of a lot in the city of Asheville, on Haywood street, known as the “Coffin lot;” that she and the male defendant had begun the erection of a house on the lot to be used as a residence, to be fitted up with lavatories and equipped with a steam-heating apparatus and a number of tubs for both- hot and cold baths; that said…
1ConcurrenceClark, C. J.
The Code, section 1826, expressly provides that a married woman can contract and thereby “affect” both her personal and real property, requiring only in some cases her husband’s “written consent” and dispensing with it in others.
*97There is no need in this ease to discuss the doctrine of “implied contracts,” for here the wife made an express contract, and in writing, with the plaintiff to place these improvements upon her property. The statute does not require her privy examination, for this was not a conveyance of her property, but only a contract. Her privy examination, however, was in fact…
2Cases cited4 opinions
- Vann v. Edwards.Supreme Court of North Carolina · 1904
- Jones v. CraigmilesSupreme Court of North Carolina · 1894
- Finger v. Hunter.Supreme Court of North Carolina · 1902
- A. Brinkley & Co. v. BallanceSupreme Court of North Carolina · 1900