Mayo v. . Farrar
Supreme Court of North Carolina
Civil actiok, tried at Fall Term, 1892, of Edgecombe Superior Court, before Skuford, J. The action was brought by husband and wife and trustee under a deed of settlement to enjoin a sale under mortgage of feme plaintiff’s land embraced in the settlement, because the trustee did not join in the deed.
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Civil actiok, tried at Fall Term, 1892, of Edgecombe Superior Court, before Skuford, J. The action was brought by husband and wife and trustee under a deed of settlement to enjoin a sale under mortgage of feme plaintiff’s land embraced in the settlement, because the trustee did not join in the deed. The land subsequently conveyed by the husband and wife to the defendants had belonged to the husband, but had been conveyed (by way of compensation for lands of the wife sold for the husband’s benefit) to W. T. Mayo, in trust, however, for the sole and separate use of the said Florence L. Mayo and…
1Opinion of the CourtAvery, J.
The Court' said (Ruffin, J., delivering the opinion) in Hardy v. Holly, 84 N. C., 661: “We must take it to be the settled law of this State, at least, that a married woman, as to her separate property, is to be deemed a feme sole only to tlie extent of the 'power expressly given in the deed of settlement. Her power of disposition is not absolute hut limited to the mode and manner pointed to in the instrument; and when that is silent she is powerless.” True, the feme plaintiff reserved “full power to convey by deed or will — by will, as if she were a feme sole, b} deed, in which her husband…
2Cases cited4 opinions
- Farthing v. . ShieldsSupreme Court of North Carolina · 1890
- Thurber. Whyland & Co. v. LaRoqueSupreme Court of North Carolina · 1890
- Clayton v. . RoseSupreme Court of North Carolina · 1882
- Hardy v. . HollySupreme Court of North Carolina · 1881
3Cited by3 opinions
- Cameron v. Hicks.Supreme Court of North Carolina · 1906
- Kirby v. . BoyetteSupreme Court of North Carolina · 1896
- Broughton v. . LaneSupreme Court of North Carolina · 1893