Rutherford v. Ray
Supreme Court of North Carolina
ActioN tried before Jones, J., and a jury, at October Term, 1907, Of CUMBERLAND. This action is prosecuted by tbe feme plaintiff for the purpose of quieting and removing a cloud from the title to her separate real estate. The undisputed facts as disclosed by the record are: The feme plaintiff was, on 21 February, 1895, the owner of the real estate described in the complaint, being a lot in the city of Fayetteville.
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ActioN tried before Jones, J., and a jury, at October Term, 1907, Of CUMBERLAND. This action is prosecuted by tbe feme plaintiff for the purpose of quieting and removing a cloud from the title to her separate real estate. The undisputed facts as disclosed by the record are: The feme plaintiff was, on 21 February, 1895, the owner of the real estate described in the complaint, being a lot in the city of Fayetteville. The deed under which she claims recites a consideration of $150. On the said day Poe & Co. filed in the office of the Clerk of the Superior Oourt of Cumberland County an itemized…
1Dissent
OlaR.K, O. I.,
dissenting: In Greene v. Branton, 16 N. C., 504, Ruffin, C. J., says: “Married women are barred by judgments at law as much as other persons, with' the single exception of judgments allowed by the fraud of the husband in *260combination with another. * * * She must charge and prove that she was prevented from a. fair trial at law by collusion between her 'adversary and her husband preceding or at the trial.” In Vick v. Pope, 81 N. C., 22, Smith, C. J., quoting Ruffin, C. J., in Greene v. Branton, supra, and Taylor, C. J., in Frazier v. Felton, 8 N. C., 231, says: “If it were…
2Cases cited16 opinions
- Doyle v. . Brown, GuardianSupreme Court of North Carolina · 1875
- Sutton v. . SchonwaldSupreme Court of North Carolina · 1882
- Dougherty v. . SprinkleSupreme Court of North Carolina · 1883
- Vick v. . PopeSupreme Court of North Carolina · 1879
- Neville v. . PopeSupreme Court of North Carolina · 1886
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