Vann v. . Edwards

The note, for the recovery of which this action was brought, was originally the sole and separate property of the wife of the plaintiff's intestate, who was the mother of the defendant, and who died before her husband, the father of the defendant. The note was executed by the defendant to his mother and by her was endorsed and transferred to the defendant without her husband's knowledge or consent. If that was the defendant's only claim to the note it would avail him nothing (Walton v. Bristol, 125 N.C. 419), and it would have passed to the husband as his property upon the death of his wife,…