Broughton v. . Lane
Supreme Court of North Carolina
This was au action for possession of land, tried at the Spring Terra, 1893, of the Superior Court of Pamlico County before Bynum, J. The case agreed was substantially as follows: In consideration of the money received from the sale of land to Sarah Williams, mentioned in the deed, James Norcom, on 1st day of November, 1856, conveyed to J. S. Jones, trustee, the lands described in the complaint, and the recitals of which are to be taken as further facts agreed.
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This was au action for possession of land, tried at the Spring Terra, 1893, of the Superior Court of Pamlico County before Bynum, J. The case agreed was substantially as follows: In consideration of the money received from the sale of land to Sarah Williams, mentioned in the deed, James Norcom, on 1st day of November, 1856, conveyed to J. S. Jones, trustee, the lands described in the complaint, and the recitals of which are to be taken as further facts agreed. Afterwards, to-wit, on the 25th day of October, 1859, the said Levi I). Broughton and wife Eliza Broughton executed a deed for a…
1Opinion of the Court
Avery, J.:
The question presented by this appeal is whether the land conveyed to Jones, as trustee, for the' sole and separate use of Eliza Broughton, passed by the deed executed by her husband and herself, in which the trustee Jones did not join. That the power of a married woman to dispose of land held by her under a deed of settlement is “not absolute, but limited to the mode and manner pointed out in the instrument,” seems to be the settled law of this State, whatever may be the rulings of other Courts. Hardy v. Holly, 84 N. C., 661; Kemp v. Kemp, 85 N. C., 491; Mayo v. Farrar, 112 N. C.,…
2Cases cited3 opinions
- Hardy v. . HollySupreme Court of North Carolina · 1881
- Kemp v. . KempSupreme Court of North Carolina · 1881
- Mayo v. . FarrarSupreme Court of North Carolina · 1893
3Cited by2 opinions
- Kirby v. . BoyetteSupreme Court of North Carolina · 1896
- Shannon v. . LambSupreme Court of North Carolina · 1900