Troughton v. . Hill

Decided July 5, 1806

Decided 1806-07-05

¶1The demurrer must be overruled; and it was overruled, and the defendants ordered to answer.

¶2Cited: Hall v. Walker, 118 N.C. 380; Levi v. Marsha, 122 N.C. 567.

Download

Copy

Embed on your site

Hover to preview · click to copy the code

Posture: THIS bill stated that McNeil, in 1777, being married to his wife Fanny, was called up to take the oath of allegiance to this State or to depart. He refused so to do, and was compelled to leave the State under the penalty of law established of incurring the crime of high treason if he returned. That the said Fanny was left here, and afterwards intermarried, during his life, with Troughton; and in 1793, by deed, conveyed to Troughton all her property and rights to property; and that the defendant was accountable to her for divers sums of money and articles of property due from her father's and mother's estate, under their wills. The defendant demurred to this bill, because by her own showing, being either the wife of McNeil or of Troughton, she could not convey by the deed mentioned in the bill. Plaintiff's counsel cited 2 (407) Vern., 104, or 1 Vern, 104, and 2 Bos. Pul., 226; and after much argument the Court said: We must take the facts stated in the bill; and although possibly the answer might vary the case so as to show the plaintiff could not recover, yet, as the bill states that McNeil was perpetually banished, it follows that, except as to the objection of the marriage, McNeill is to be considered as to all purposes to be actually dead; and she as to all purposes as a feme sole; she may sue and be sued, acquire and transfer property. If she may do so by will, as stated in 2 Vern., there is no reason why she may not also do so by deed.