Bank of Greenville v. Gornto
Supreme Court of North Carolina
Appeal from Cline, J., at December Term, 1912, of Pitt. Civil action. Tbe action is brought to recover possession of a lot and building conveyed by J. A. Brady and wife, Georgia, to plaintiff on 29 April, 1912, by deed recorded 6 May, 1912. Tbe lot was leased 8 January, 1910, by Brady and wife to Gornto for two years, commencing 1 February, 1910, “with tbe privilege of ten years thereafter, on the same terms,” etc., recorded 2 April, 1912. The privy examination of Mrs. Brady…
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Appeal from Cline, J., at December Term, 1912, of Pitt. Civil action. Tbe action is brought to recover possession of a lot and building conveyed by J. A. Brady and wife, Georgia, to plaintiff on 29 April, 1912, by deed recorded 6 May, 1912. Tbe lot was leased 8 January, 1910, by Brady and wife to Gornto for two years, commencing 1 February, 1910, “with tbe privilege of ten years thereafter, on the same terms,” etc., recorded 2 April, 1912. The privy examination of Mrs. Brady was never taken to the lease. All the conditions of the lease have been complied with by the lessee and he has given…
1Opinion of the CourtBkowN, J.
The principal question presented by this appeal is the validity of the lease for ten years made by Brady to defendant without the privy examination of Brady’s wife. As to her, of course, the lease is void.
As Brady and his wife held, not as tenants in common or joint tenants, but by entireties, their rights must be determined by the rules of the common law, according to which the possession of the property during their joint lives rests in the husband, as it does when the wife is sole seized. Neither can convey during their joint lives so as to bind the other, or defeat the right of the…
2Cases cited9 opinions
- Bruce v. . NicholsonSupreme Court of North Carolina · 1891
- Pray v. StebbinsMassachusetts Supreme Judicial Court · 1886
- Jackson ex dem. Suffern v. McConnellNew York Supreme Court · 1838
- Barber v. HarrisNew York Supreme Court · 1836
- Irvin v. . ClarkSupreme Court of North Carolina · 1887
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3Cited by14 opinions
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- Atkinson v. AtkinsonSupreme Court of North Carolina · 1945
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