Branch v. . Ward

Citations

• 19 S.E. 104
• 114 N.C. 148

Syllabus

<p>Husband and Wife — Wife’s Separate Estate — Disposition of Rents of Wife’s Land by Husband without her Consent— Silence of Wife not Acquiescence — Trustee, removal of.</p> <p>1. Only positive and unequivocal assent of the wife to a disposition hy her husband of crops raised on her land, and not mere silence, will estop her from asserting her title to the same.</p> <p>2. Where the trustee in a deed of assignment for the benefit of creditors was the son of the assignor, and a minor, and there was no finding by the Court below that he was unsuitable or unreliable because of mental deficiency or moral obliquity, and, in a proceeding to remove him, he offered to give bond in double the amount of property in his hands, it was error to remove him and appoint a receiver of the property.</p>