Wilson v. Wilson
Supreme Court of North Carolina
A properly executed deed of separation under which the husband conveys to the wife certain property, agrees to pay her ¡a certain sum monthly for 18 months and 'the wdfe agrees not to seek further support from Tvim ¡after such sums had .been paid, is held ¡not ¡to bar her suit for alimony without divorce or preclude an ¡order for ¡alimony pendente lite therein ,whan tbe Obiusbaaicl .breaches the agreement after eight monthly payments by 'refusing to make further payments in…
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A properly executed deed of separation under which the husband conveys to the wife certain property, agrees to pay her ¡a certain sum monthly for 18 months and 'the wdfe agrees not to seek further support from Tvim ¡after such sums had .been paid, is held ¡not ¡to bar her suit for alimony without divorce or preclude an ¡order for ¡alimony pendente lite therein ,whan tbe Obiusbaaicl .breaches the agreement after eight monthly payments by 'refusing to make further payments in accordance with the agreement, since in saich event he refuses to perform the very condition which ds the basis of her…
1Opinion of the CourtRodman, J.
When man -and woman marry, the law imposes a duty on the husband to support -his wife. Bowling v. Bowling, 252 N.C. 527, 114 S.E. 2d 228. Where he separates himself from his wife and fails to perform this duty, the wife may compel performance by judicial decree. G.S. 50-16. He cannot, by merely providing support until he gets beyond tire jurisdiction of the court, deprive his wife of this efficacious means of enforcing performance of the obligation imposed on him by law. Thurston v. Thurston, 256 N.C. 663, 124 S.E. 2d 852.
An agreement between 'husband and wife which, recognizing an existing…
2Cases cited43 opinions
- Archbell v. ArchbellSupreme Court of North Carolina · 1912
- Steak House v. BarnettSupreme Court of Florida · 1953
- Pain v. . PainSupreme Court of North Carolina · 1879
- Archbell v. . ArchbellSupreme Court of North Carolina · 1912
- Walker v. WalkerCourt of Appeals of Maryland · 1915
38 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- Hardin v. KCS International, Inc.Court of Appeals of North Carolina · 2009
- Morris v. Scenera Research, LLCSupreme Court of North Carolina · 2016
- Schloss v. SchlossSupreme Court of North Carolina · 1968
- Thompson v. BassCourt of Appeals of North Carolina · 2018
- Combined Insurance Co. of America v. McDonaldCourt of Appeals of North Carolina · 1978
22 more not listed; retrieve them via the Exa API.