Kirby v. . Boyette
Supreme Court of North Carolina
Civil agttoN, heard in a case agreed, at November Term, 1893, of "WilsoN Superior Court, before Solee, J., who held the mortgage sought to be foreclosed to be valid. The cause was referred to a referee to ascertain the amount due, and at June Term, 1894, judgment of foreclosure was rendered by Bynum, e/"., and defendants appealed. The material facts of the case agreed are set out in the opinion of Associate Justice Avery.
1Opinion of the Court
Avery, J.:
Isaac Boyette, intending to provide for his son’s wife, on the fourth day of May, 1861, conveyed a tract of land to ITenry Kirby (to use the language of the instrument itself) “upon the express trust and undertakings however that he shall hold the said land and improvements for the sole and separate use of Louisa Y. Boyette, a married woman and her heirs, as a feme sole free from any debts or contracts of her present husband or any future husband she may hereafter marry.” On the 8th day of December, 1880, the eestui que thrust Louisa and her husband executed, with privy examination…
2Cases cited7 opinions
- Hughes v. . HodgesSupreme Court of North Carolina · 1889
- A. T. Bruce & Co. v. StricklandSupreme Court of North Carolina · 1879
- Clayton v. . RoseSupreme Court of North Carolina · 1882
- Hardy v. . HollySupreme Court of North Carolina · 1881
- Cheatham v. . YoungSupreme Court of North Carolina · 1893
2 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Kirby v. . BoyetteSupreme Court of North Carolina · 1896
- Narron v. Wilmington & Weldon RailroadSupreme Court of North Carolina · 1898
- Pilkington v. WestSupreme Court of North Carolina · 1957
- Dillon v. . Cotton MillsSupreme Court of North Carolina · 1924
- Dillon v. Monroe Cotton MillsSupreme Court of North Carolina · 1924
2 more not listed; retrieve them via the Exa API.