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74 N.C. 447

Webb v. Gay

Supreme Court of North Carolina

Decided January 15, 1876

Supreme Court of North Carolina · decided 1876-01-15

Tliis was a civil actioN tried bfore his Honor, Judge Seymour, cat Pall Term, 1875, of the Superior Court of Wilsow county. Accompanying the record sent upon appeal to this court, is the following: CASE AGREED “On the 10th day of February, 1872, the defendants executed to the plaintiff: the following sealed instrument: $2000.00.

Decided 1876-01-15

RodmáN, J.

¶1For the reasons given in Pippin v. Wesson, ante, the note sued on is invalid as to Mrs- "Whitehead- And for the additional reason, that her separate estate -was not created by legislation, but by a deed of settlement, executed in 1865, and the contract does not refer to or charge the debt upon her separate estate, and it was not made with the consent either of her husband, or of the trustee in the deed of settlement.

¶2The case states that she is living separate from her husband, and is in the exclusive management of her separate estate, but *455it states no facts to bring lier wit-bin either section 23 or 24, of the marriage act. (Bat. Rev., chap. 69.) It does not appear that her husband has abandoned her, and there is no deed of separation.

¶3Her Curiah. Judgment affirmed.

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