Legal Opinion

Kirby v. . Boyette

Supreme Court of North Carolina

Decided February 5, 1896PublishedCited by 17 opinions

PetitioN to Rehear case reported in 116 N. C. R., p. 165. The petition was as follows: “ Nathan Boyette and his wife Louisa, on the 8th December, 1880. executed to Rountree, Barnes & Co., the mortgage set forth in the printed record, which is hereto annexed as a part of this petition.

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PetitioN to Rehear case reported in 116 N. C. R., p. 165. The petition was as follows: “ Nathan Boyette and his wife Louisa, on the 8th December, 1880. executed to Rountree, Barnes & Co., the mortgage set forth in the printed record, which is hereto annexed as a part of this petition. The question is, whether the said mortgage was valid so as to convey the equitable title to the land mentioned therein, the said land having been conveyed to Henry Kirby in May, 1887, in trust for the sole and separate use of said Louisa. The mortgage was duly executed by both husband and wife, the latter being…

1Opinion of the Court

Avery, J.:

“An 'examination of the brief filed by counsel for the appellant in Hardy v. Holly, 84 N. C., 661, will show that the argument in that case fully covered the .ground upon which we are asked to review the decision of this Court, (116 N. C., 165,) and with it to overrule aline ■of cases extending over fifteen years past. The exhaustive brief of the learned counsel who appeared in that case and the questions raised by the appeal invited and demanded, :at that ¡juncture, -a review of the previous cases in which the doctrine of the- respective rights and powers of married women and…

2Cases cited6 opinions

  1. Hardy v. . HollySupreme Court of North Carolina · 1881
  2. Kirby v. . BoyetteSupreme Court of North Carolina · 1895
  3. Monroe v. . TrenholmSupreme Court of North Carolina · 1893
  4. Mayo v. . FarrarSupreme Court of North Carolina · 1893
  5. Broughton v. . LaneSupreme Court of North Carolina · 1893

1 more not listed; retrieve them via the Exa API.

3Cited by17 opinions

  1. Hill v. RailroadSupreme Court of North Carolina · 1906
  2. Cameron v. Hicks.Supreme Court of North Carolina · 1906
  3. Perkins v. Brinkley.Supreme Court of North Carolina · 1903
  4. Threadgill v. Town of WadesboroSupreme Court of North Carolina · 1916
  5. Nelson v. Jefferson Standard Life InsuranceSupreme Court of North Carolina · 1930

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