Sparks v. . Sparks
Supreme Court of North Carolina
Civil ACTION, tried before Graves, Judge, and a jury, at Fall Term, 1883, of the Superior Court of Yancey county. During the progress of a suit instituted by the plaintiff against the defendant, for a severance of the marital relations subsisting between them, a compromise arrangement was entered into between them of the following import: “ Whereas, the said Oily Sparks, being the wife of said Samuel B. Sparks, has brought suit against the said Samuel B. Sparks, for divorce…
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Civil ACTION, tried before Graves, Judge, and a jury, at Fall Term, 1883, of the Superior Court of Yancey county. During the progress of a suit instituted by the plaintiff against the defendant, for a severance of the marital relations subsisting between them, a compromise arrangement was entered into between them of the following import: “ Whereas, the said Oily Sparks, being the wife of said Samuel B. Sparks, has brought suit against the said Samuel B. Sparks, for divorce and alimony and the recovery of certain lands belonging to the said Oily, feme plaintiff, which suit is now pending in…
1Opinion of the Court
Smith, C. J.,
(after stating the facts). It is to be observed, that the alleged agreement, held by the Court to enter into and vitiate the entire transaction, so as to render both deeds inoperative, is not in any written form, but rests entirely in parol. Hot a word is said about the separation of the parties, unle.-s it be found in the defendant’s stipulation, that he will thereafter “ not attempt to exercise any control over the person or property ” of his wife, which may pre-suppose their future living apart. Again, it would seem that the separation had already taken place, and existed when…
2Cases cited3 opinions
- Wright v. . CainSupreme Court of North Carolina · 1885
- York v. . MerrittSupreme Court of North Carolina · 1877
- York v. . MerrittSupreme Court of North Carolina · 1879
3Cited by21 opinions
- Archbell v. ArchbellSupreme Court of North Carolina · 1912
- Phinizy v. PhinizySupreme Court of Georgia · 1922
- Archbell v. . ArchbellSupreme Court of North Carolina · 1912
- Edwards v. Goldsboro.Supreme Court of North Carolina · 1906
- Cram v. . CramSupreme Court of North Carolina · 1895
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