Draper v. . Allen

Citations

• 19 S.E. 61
• 114 N.C. 50

Syllabus

<p>Vendor’s Lieu- — •Married Woman, liability of on notes for purchase of land.</p> <p>1. The equitable lien of a vendor for the purchase-money of land does not exist in this State, and no change in this respect was made by the constitutional provision that no property should be exempt from sale under execution issued on a debt contracted for the purchase thereof.</p> <p>A Although a feme cored cannot charge her separate real estate by an obligation in the nature of a contract, unless she be privily examined as prescribed by law, and although her contracts, except in a few instances, will be declared void upon the plea of her cover-ture, yet equity will not permit her to repudiate a transaction and at the same time retain and enjoy its benefits; therefore,</p> <p>.‘¡. Whore a married woman, in an action upon notes given by her for the purchase of land, set up her coverture as a defence, equity will treat her as a trustee and impress upon the land a charge to the extent of the unpaid purchase-money.</p>