Wood v. . Wheeler
Supreme Court of North Carolina
This was a civil action, tried at the March Term, 1890, of TransylvaNIA Superior Court, before Connor, J. The plaintiff was assignee of one A. C. Williams, of a purchase-money note due for land and secured by a mortgage thereon, executed about the same time, or shortly thereafter. The note and mortgage were executed by defendant Sallie P. Wheeler, then and since wife of defendant W. PI.
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This was a civil action, tried at the March Term, 1890, of TransylvaNIA Superior Court, before Connor, J. The plaintiff was assignee of one A. C. Williams, of a purchase-money note due for land and secured by a mortgage thereon, executed about the same time, or shortly thereafter. The note and mortgage were executed by defendant Sallie P. Wheeler, then and since wife of defendant W. PI. Wheeler,, without the joinder or consent in writing of her said husband, and the mortgage proved and recorded without the-privy examination of the wife. Shortly after the execution of the note and mortgage in…
1Opinion of the Court
ShepheRI), J.:
The bond and mortgage are both void. Neither was executed with the written assent of the husband, and the latter was unaccompanied by privy examination.
Although the bond was given for a beneficial consideration, it could not be enforced in equity as an engagement, in the nature of a contract, as it does not fall within any of the exceptions of The Code, § 1826, which dispenses with the requirement of the written assent of the husband. Farthing v. Shield, decided at this term.
Although the mortgage is void, and cannot be enforced as such, still if the agreement was that it should…
2Cases cited3 opinions
- Burns v. . McGregorSupreme Court of North Carolina · 1884
- Walker v. . BrooksSupreme Court of North Carolina · 1888
- Boyd v. . TurpinSupreme Court of North Carolina · 1886
3Cited by5 opinions
- Schmertz v. HammondWest Virginia Supreme Court · 1900
- Wood v. . WheelerSupreme Court of North Carolina · 1892
- McCaskill v. . McKinnonSupreme Court of North Carolina · 1897
- Cox v. . BoydenSupreme Court of North Carolina · 1910
- National Exchange Bank v. Rook Granite Co.Supreme Court of North Carolina · 1911