Fort v. . Allen
Supreme Court of North Carolina
This was a civil ACTION, heard upon exceptions to referee’s report, before Boykin, J., at October Term, 1890, of the Superior Court of "Wake County. The plaintiffs alleged that they had acquired the entire interest in the lands mentioned in the complaint except one share (being one-sixth), which descended to the feme defendant N. D. Allen.
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This was a civil ACTION, heard upon exceptions to referee’s report, before Boykin, J., at October Term, 1890, of the Superior Court of "Wake County. The plaintiffs alleged that they had acquired the entire interest in the lands mentioned in the complaint except one share (being one-sixth), which descended to the feme defendant N. D. Allen. They further allege that this share was allotted and set apart to said defendant (being forty-four acres) by metes and bounds; that said defendant accepted the same as her share in said land and entered into the exclusive possession thereof, and that…
1Opinion of the Court
Shepherd, J.:
We are unable to perceive any merit in the first two exceptions. It has been decided that a husband may convey directly to his wife (Walker v. Long, 109 N. C., 510), and it is clearly unnecessary to the validity of the conveyance that it should be made in consideration of her support and maintenance. This being so, it must follow that D. F. Fort, having conveyed his interest in the land in controversy, had no authority to bind Ms grantee by a submission to arbitration, and even had he possessed such authority, an oral agreement to arbitrate could not be enforced as to real…
2Cases cited12 opinions
- Harrison v. . RaySupreme Court of North Carolina · 1891
- Farthing v. . ShieldsSupreme Court of North Carolina · 1890
- Burns v. . McGregorSupreme Court of North Carolina · 1884
- Towles v. . FisherSupreme Court of North Carolina · 1877
- Walker v. . LongSupreme Court of North Carolina · 1891
7 more not listed; retrieve them via the Exa API.
3Cited by39 opinions
- Thompson v. SolesSupreme Court of North Carolina · 1980
- Drake v. . HowellSupreme Court of North Carolina · 1903
- Drake v. HowellSupreme Court of North Carolina · 1903
- Fowlkes v. LeaMississippi Supreme Court · 1904
- Wallace v. BellamySupreme Court of North Carolina · 1930
34 more not listed; retrieve them via the Exa API.