In Re Freeman
Supreme Court of North Carolina
This was an ex parte petition for the sale of land, heard before the Clerk of the Superior Court of "WayNE County. It appeared that Lilly W. Freeman, being the owner of a lot in Goldsboro, executed a mortgage with her husband to recover a note for $1,000 for money borrowed to improve the lot which, upon her' death, descended to her only child, the infant petitioner.
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This was an ex parte petition for the sale of land, heard before the Clerk of the Superior Court of "WayNE County. It appeared that Lilly W. Freeman, being the owner of a lot in Goldsboro, executed a mortgage with her husband to recover a note for $1,000 for money borrowed to improve the lot which, upon her' death, descended to her only child, the infant petitioner. It appearing to the interest of the parties that a sale should be made at $2,750 it was so ordered and Lynum, L, cot Chambers, rendered the following judgment: “It appearing to the Court that Lilly ~W. Freeman died leaving her…
1Opinion of the Court
Avery, J.:
The note being in form a joint contract of husband and wife was, within the meaning of the statute, executed -with his written consent. Farthing v. Shields, 106 N. C., 289; Flaum v. Wallace, 103 N. C., 296. While she did not specifically charge her separate personal estate or enter into a contract in any way enforcible against her by merely signing such a note as is described in the record sent up, she did afterwards bind the land conveyed in the mortgage deed executed by her husband and herself. Farthing v . Shields, supra, at p. 299; Thurber v. LaRoque, 105 N. C., 301; Williams v.…
2Cases cited8 opinions
- Farthing v. . ShieldsSupreme Court of North Carolina · 1890
- Flaum v. Wallace Bros.Supreme Court of North Carolina · 1889
- Thurber. Whyland & Co. v. LaRoqueSupreme Court of North Carolina · 1890
- Shinn v. . SmithSupreme Court of North Carolina · 1878
- Williams v. . WalkerSupreme Court of North Carolina · 1892
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3Cited by3 opinions
- Harrington v. Rawls.Supreme Court of North Carolina · 1904
- Carolina Interstate Building & Loan Ass'n v. BlackSupreme Court of North Carolina · 1896
- Weil v. . ThomasSupreme Court of North Carolina · 1894