Hardy v. . Holly
Supreme Court of North Carolina
MotioN for an injunction, in an action pending in Bertie Superior Court, heard at Chambers on the 24th of October, 1879, before Awry, J. On the 19th of November, 1868, a doed was executed' between Ella E. Hardy, John H. Hardy and Joseph H. Hardy, whereby, after reciting that a marriage was soon to- be had between the said John H. and Ella E., and that it had been agreed between them- that certain personal estate of the latter should be conveyed in trust to her sole and…
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MotioN for an injunction, in an action pending in Bertie Superior Court, heard at Chambers on the 24th of October, 1879, before Awry, J. On the 19th of November, 1868, a doed was executed' between Ella E. Hardy, John H. Hardy and Joseph H. Hardy, whereby, after reciting that a marriage was soon to- be had between the said John H. and Ella E., and that it had been agreed between them- that certain personal estate of the latter should be conveyed in trust to her sole and separate use and free from the control of her intended husband, the said' Ella E. conveyed to the said Joseph H. certain…
1Opinion of the CourtRuffin, J.
The single question presented for consideration in this case is as to the validity of the mortgage given by Mr. and Mrs. Hard}' to the defendant, Holly, embracing a portion of the wife’s separate estate, and executed as it was, without the knowledge or consent of her trustee, and outside of the powers conferred upon her in the deed of marriage settlement. •
By the terms of that deed her power of disposition over the property conveyed was limited to be exercised, either by an order for its conversion under sale and directed to her trustee, or by a regularly executed will; and in case of her…
2Cited by20 opinions
- Flaum v. Wallace Bros.Supreme Court of North Carolina · 1889
- Cameron v. Hicks.Supreme Court of North Carolina · 1906
- Perkins v. Brinkley.Supreme Court of North Carolina · 1903
- Clayton v. . RoseSupreme Court of North Carolina · 1882
- Kirby v. . BoyetteSupreme Court of North Carolina · 1896
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