Sills v. Bethea
Supreme Court of North Carolina
Appeal by defendant from Guión, J., at May Term, 1919, of SampsoN. Ejectment. Tbe judge finds from tbe pleadings and admission of tbe parties tbat tbe plaintiff while married executed tbe deed for tbe land to tbe defendant, wbo at tbe same time executed notes for tbe purchase money secured by mortgage on tbe same land.
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Appeal by defendant from Guión, J., at May Term, 1919, of SampsoN. Ejectment. Tbe judge finds from tbe pleadings and admission of tbe parties tbat tbe plaintiff while married executed tbe deed for tbe land to tbe defendant, wbo at tbe same time executed notes for tbe purchase money secured by mortgage on tbe same land. After tbe plaintiff became discovert by tbe death of her husband she advertised tbe land for sale under tbe mortgage, but subsequently, when tbe defendant tendered her tbe full amount of tbe notes and interest, she called tbe sale off and brought this action for ejectment. Tbe…
1DissentWalkee, J.
I dissent in this case upon the ground so strongly and clearly stated in the dissenting opinion of Justice Brown, in Warren v. Dail, 170 N. C., 406, at p. 415, in which I concurred. He *318there says: “If any legal question has ever been settled by repeated decisions of this Court it is that the deed or contract of a married woman charging her real estate in this State is a nullity unless her husband joins and her privy examination is taken. Scott v. Battle, 85 N. C., 184; Farthing v. Shields, 106 N. C., 289; Ball v. Paquin, 140 N. C., 83; Clayton v. Bose, 87 N. C., 106; Bank v. Benbow, 150 N.…
2Cases cited15 opinions
- Boddie v. BondSupreme Court of North Carolina · 1911
- Farthing v. . ShieldsSupreme Court of North Carolina · 1890
- Scott v. . BattleSupreme Court of North Carolina · 1881
- Warren v. . DailSupreme Court of North Carolina · 1915
- Bank of New Hanover v. BridgersSupreme Court of North Carolina · 1887
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