SMAW v. COHEN

1 Citing case

  1. Farthing v. Shields

    10 S.E. 998 (N.C. 1890)   Cited 49 times
    In Farthing v. Shields, 106 N.C. 289, quoted and approved in Wilcox v. Arnold, 116 N.C. 708, this Court said: "It is well settled by the uniform decisions of this Court that, except in cases mentioned in the Code, sections 1828, 1831, 1832, 1836, a feme covert is, at law, incapable of making any executory contract whatever.

    The plaintiff, it is presumed, knew of her inability to charge her general statutory separate real estate in any other way than by a deed and privy examination, and if we were to give the effect contended for to such a transaction, it would, as Judge Ruffin said, be doing, indirectly, what the law forbids to be done directly. In passing, we will state that the case of Smaw v. Cohen, 95 N.C. 85, may be sustained, as to the liability of the separate estate, on the ground that the statute, ch. 41 of The Code (Liens), directly charges it. (301) There is another view, however, which is fatal to the plaintiff.