Butler v. Butler
Supreme Court of North Carolina
Appeal by defendant from Whedbeo, J., at the March Term, 1915, of Gates. Action to recover land. The plaintiffs are the devisees of Nancy Butler, and the defendants are the devisees of David Butler, her husband.
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Appeal by defendant from Whedbeo, J., at the March Term, 1915, of Gates. Action to recover land. The plaintiffs are the devisees of Nancy Butler, and the defendants are the devisees of David Butler, her husband. Nancy Butler was the owner in fee of said land prior to 3 August, 1912, and. ou that day undertook to convey -the same to her said husband, David Butler, by deed which was duly acknowledged and the private examination properly taken, except that John J. Gatling, justice of the peace, who took said probate, failed to certify that said conveyance was not unreasonable and not injurious…
1Opinion of the CourtAlliskt, J.
It is provided by section 2107 of the Revisal that “no contract between a husband and wife made during coverture shall he valid to affect or change any part of the real estate of the wife or the accruing income thereof for a longer time than three years next ensuing the making of such contract, . . . unless such contract shall be in writing and be duly proved as is required for conveyances of land; and upon the examination of the wife, separate and apart from her husband, as is now or may hereafter be required by law in the probate of deeds of femes covert, it shall appear to the satisfaction…
2Cases cited5 opinions
- Sims v. . RaySupreme Court of North Carolina · 1887
- Singleton v. . CherrySupreme Court of North Carolina · 1915
- North Carolina Christian Conference v. AllenSupreme Court of North Carolina · 1911
- McKee v. . HicksSupreme Court of North Carolina · 1830
- Long v. . RankinSupreme Court of North Carolina · 1891
3Cited by31 opinions
- Dunn v. PateSupreme Court of North Carolina · 1993
- Ballard v. BallardSupreme Court of North Carolina · 1949
- Foster v. . WilliamsSupreme Court of North Carolina · 1921
- Best v. . UtleySupreme Court of North Carolina · 1925
- McCullen v. DurhamSupreme Court of North Carolina · 1948
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