79 N.C. 330 | N.C. | 1878
The case is this: The feme defendant purchased a house and lot and took title to herself, and borrowed money with which to pay the purchase price, and to defray necessary family expenses, and for "carrying on her farming operations upon her several tracts of land," and she and her husband conveyed, by deed and privy examination duly taken, one of her several tracts of land in trust to secure the payment of said borrowed money. Is the land thus (331) conveyed liable for the debt?
We can scarcely see any room for argumentation except on the theory that a feme covert can not sell or charge her separate estate for her own benefit, or the improvement of her own property. This would go much beyond the purpose of the liberal legislation of the State in favor of married women, and would be highly judicial to their material interests.
The cases to which we were referred — Purvis v. Carstaphan,
Let it be certified that there is no error, and let the sale proceed according to the agreement of the parties.
Affirmed.
Cited: Newhart v. Green,