Jones v. Craigmiles

Citations

• 114 N.C. 613

Syllabus

<p>Contract — Charge on Separate Estate of Married Woman— Consideration — Consent of Husband — Action to Enforce Such Charge.</p> <p>1. A note signed by husband and wife containing a clause, “and the said husband hereby consents that the above note shall be a charge on the separate estate of his said wife for the'payment of this note,” expressly charges the separate personal estate of the wife.</p> <p>2. In the case of an express charge it is not necessary that it should appear that the consideration is beneficial to the wife nor that the separate estate should be specifically described.</p> <p>3. To make a contract of husband and wife an express charge upon her separate personal estate it is unnecessary that the assent of the husband shall be signified by a separate clause, his execution of the paper jointly with his wife being a sufficient compliance with the law in this respect.</p> <p>4. It is necessary in an action to enforce an executory contract of a married woman, as a charge upon her separate estate, that the complaint should describe the property to be charged.</p> <p>5. In an action to have the contract of a married woman declared a charge upon her separate estate equity will, in proper cases, lend its aid by the appointment of a receiver or by other interlocutory orders necessary to protect the rights of the creditors.</p>