Warren v. . Dail
Supreme Court of North Carolina
Appeal by plaintiff from Connor, J., at October Term, 1915, of Geeene. Civil action to recover for breach of contract to convey to plaintiff certain real estate, pursuant to a definite written contract to that effect signed by plaintiff and by defendants, W. H. Dail and his wife, M. Y. Dail.
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Appeal by plaintiff from Connor, J., at October Term, 1915, of Geeene. Civil action to recover for breach of contract to convey to plaintiff certain real estate, pursuant to a definite written contract to that effect signed by plaintiff and by defendants, W. H. Dail and his wife, M. Y. Dail. Defendants, admitting that feme defendant signed the contract, alleged and offered evidence tending to show that the privy examination of defendant, touching her execution of the contract, had not been taken. Second, that feme defendant had only a life estate in said land, she, having conveyed same to her…
1DissentBeowN, J.
It must be admitted that the contract, for a breach of which the plaintiff seeks damage, acts directly upon the feme defendant’s land, and not incidentally. By it she contracts to convey to plaintiff certain lands owned by her, and it could be specifically enforced had her privy examination been taken. 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.…
2Cases cited7 opinions
- Farthing v. . ShieldsSupreme Court of North Carolina · 1890
- Scott v. . BattleSupreme Court of North Carolina · 1881
- Ball v. Paquin.Supreme Court of North Carolina · 1905
- Council v. PridgenSupreme Court of North Carolina · 1910
- Smith v. Bruton.Supreme Court of North Carolina · 1904
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