Sherrod v. . Dixon
Supreme Court of North Carolina
Civil aotioN, heard before liobi-nson, J., at Fall Term, 1896, of Edgeoombe Superior Court. The facts appear in the opinion of the Court. There was judgment for the plaintiffs, and defendants appealed.
1DissentCjlabk, J.
“"Where a wife joins her husband in a conveyance of her separate property to secure a debt of the husband, the relation she sustains to the transaction is that of surety.” Eeade, J., in Purvis v. Carstaphan, 73 N. C., 675; 24 Am. & Eng. Enc., 720, and numerous cases cited.
“In all cases where the wife executes a mortgage on her property for her husband’s debts, or for money loaned to him, it is well settled that she occupies the position of and is entitled to all the rights and privileges of surety for her husband.” Kelly Contracts of Married Women, 105; Hinton v. Greenleaf, 113 N. C., 6;…
2Cases cited11 opinions
- Matthews v. . JoyceSupreme Court of North Carolina · 1881
- Flaum v. Wallace Bros.Supreme Court of North Carolina · 1889
- Morrill v. MorrillSupreme Court of Vermont · 1880
- Smith v. Old Dominion Building & Loan Ass'nSupreme Court of North Carolina · 1896
- Ijames v. . GaitherSupreme Court of North Carolina · 1885
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