Ferebee v. . Pritchard
Supreme Court of North Carolina
PetitioN for partition, commenced before the Clerk and transferred for trial to the Superior Court of Currituck County, and tried before HoJce, J., and a jury, at Pall Term, 1892. Plaintiffs introduced deed from Mary J. Northern to her children, W. D. Northern and others, and to such other child or children as she might have by any marriage thereafter, etc.
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PetitioN for partition, commenced before the Clerk and transferred for trial to the Superior Court of Currituck County, and tried before HoJce, J., and a jury, at Pall Term, 1892. Plaintiffs introduced deed from Mary J. Northern to her children, W. D. Northern and others, and to such other child or children as she might have by any marriage thereafter, etc. Feme plaintiff and the Northerns are. the same parties named in the deed as the children of Mary J., and the defendants, other than E. W. Holt, are the children 'of Mary J. and her second husband, fe. W. Holt. At the time the deed was…
1Opinion of the Court
Shexu-ieud, C. J.:
“It is now clearly settled in this State that a voluntary conveyance of hex property bj a woman in contemplation of a marriage which afterwards takesi place, is a fraud upon the husband, if he be not apprised of the existence of the deed.” Spencer v. Spencer, 3 Jones” Eq., 404; Logan v. Simmons, 3 Ired. Eq., 487; Tisdale v. Bailey, 6 Ired. Eq., 358; Poston v. Gillespie, 5 Jones’ Eq., 258; Goodson v. Whitfield, 5 Ired. Eq., 163; Baker v. Jordan, 73 N. C., 145. In the present case it is found by the jury that on the 27th of August, 1866 (the date of the execution of the deed…
2Cases cited2 opinions
- Baker v. . Jordan .Supreme Court of North Carolina · 1875
- Rush v. . SteedSupreme Court of North Carolina · 1884
3Cited by12 opinions
- McEwan v. BrownSupreme Court of North Carolina · 1918
- State v. CouncilSupreme Court of North Carolina · 1901
- McEwan v. . BrownSupreme Court of North Carolina · 1918
- Tucker v. AndersonSupreme Court of Iowa · 1915
- Lister v. . ListerSupreme Court of North Carolina · 1943
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