17 N.C. 383 | N.C. | 1833
We do not think it necessary to examine into the merits of the settlement between the husband and Dawson; for, *310
however the validity of an assignment by the husband of the wife's legal or equitable chose in action might depend upon its consideration, when set up in opposition to her right by survivorship to the subject then outstanding, the husband may certainly at law release, without consideration, to the wife's debtor, and also in equity, unless she has a right in this Court to have her equitable choses set apart as a separate provision for her and her family. This case is brought to that point, on which the Court is more ready to place it, because the case of Bryan v.Bryan,
The same may be said of the case before us, that the merits of the wife are great, and the demerits of the husband glaring, and that the Court would protect her if we could in any case intercept the exercise of the marital rights of the husband. But the authority of the decision in Bryanv. Bryan is conclusive against it, and therefore the petition must be dismissed, and the sum raised on the execution and now in court refunded to the defendant.
PER CURIAM. Dismiss petition.
Cited: Allen v. Allen,