Manning v. . Manning
Supreme Court of North Carolina
Civil Action, tried at January Special Term, 1878, of .Halifax Superior Court, before Schenck, J. . The plaintiff alleged that subsequent to his marriage with defendant, Caroline, she became a free trader in pursuance of Bat.
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Civil Action, tried at January Special Term, 1878, of .Halifax Superior Court, before Schenck, J. . The plaintiff alleged that subsequent to his marriage with defendant, Caroline, she became a free trader in pursuance of Bat. Rev., ch. 69; that prior to and since said marriage she was seized of a considerable estate which has yielded a large income; that the other defendant, Garibaldi, was the agent of his co-defendant, had managed her business prior to said marriage, and has acted as such since that time; managing her whole estate and collecting moneys to a large amount; that said Garibaldi…
1Opinion of the Court
Bynum. J.
This action can not be maintained, by the husband. The wife is entitled to recover and hold to her own use her separate property, real and personal, and also the rents, issues and profits derived from it. Agents appointed by her, whether before or subsequent to marriage must account with and pay to her what they hfive received, whether the income and profits accrued before or since the marriage. If this proposition did not sufficiently appear from the constitutional provision, it certainly does from the act entitled, “ marriage, and marriage contracts.” Bat. Rev., ch. 69. § 29, of…
2Cited by2 opinions
- Wells v. . BattsSupreme Court of North Carolina · 1893
- State v. . LanierSupreme Court of North Carolina · 1883