Warlick v. . White
Supreme Court of North Carolina
Civil ActioN tried at Fall Term, 1881, of Catawba Superior Court, before Seymour, J. Joseph Carpenter intermarried with the defendant, Naomi, and had by her an only son. He owned a tract of land which is the subject of controversy, two slaves, two mules, some cattle and hogs, and the ordinary farming implements and household and kitchen furniture.
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Civil ActioN tried at Fall Term, 1881, of Catawba Superior Court, before Seymour, J. Joseph Carpenter intermarried with the defendant, Naomi, and had by her an only son. He owned a tract of land which is the subject of controversy, two slaves, two mules, some cattle and hogs, and the ordinary farming implements and household and kitchen furniture. In September, 1863, being about to enter the Confederate service, he executed a will, wherein he gave to his son one-half of his tract of land and one negro, and all the balance of his property he gave to - his wife. In August, 1864, he came home…
1Opinion of the CourtRuffin, J.
The opinion of this court is against the defendants upon both of the propositions stated in the case.
By the rule of the common law, which regards man and wife as one, every deed of gift made directly from husband to wife is void. But a court of equity, having a greater regard to the intention and convenience of the parties, and treating the deed merely as a defective conveyance, will uphold it in favor of the wife, if a clear and present purpose on the part of the husband to make the gift, can be seen, and the gift itself appear to be no more than a reasonable provision for the wife.
But in…
2Cited by5 opinions
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