Smith v. . Smith

Civil action for enforcement of payments by defendant to plaintiff pursuant to terms of separation agreement.

The record discloses that on 6 February, 1941, defendant and plaintiff, who were husband and wife, having separated on 1 November, 1940, entered into a written separation agreement — executed in conformity with the provisions of G.S., 52-12, formerly C. S., 2515 — which provides, that "in consideration of the mutual covenants and agreement as are herein set forth, the said parties hereto agree as follows:

"1. That they shall hereafter live separate and apart from each other and…