Sanderlin v. . Sanderlin

Citations

• 29 S.E. 55
• 122 N.C. 1
• 1898 N.C. LEXIS 183

Syllabus

<p>Married Woman — Incapacity of Married Woman to Contract Without Written Assent of Husband.</p> <p>1. A married woman is incapable of making a contract affecting her separate estate except in the cases specifically excepted in Section 1826 of The Code and in those mentioned in Sections 1828, 1831, 1832 and 1836 of The Code, unless by the written assent of her husband.</p> <p>2. Except in the cases mentioned in Sections 1826, 1828, 1831, 1832 and 1836 of The Code, a married woman can make no contract for which her separate estate will be liable, even with the written assent of her husband, unless she expressly or by necessary implication charges her separate estate with the payment of the obligation.</p> <p>3. Where a married woman without the written consent of her husband employed, at an agreed salary, an overseer for her farm, (her separate estate,) upon the income from which she and her family were not dependent, no action will lie against the wife for such salary. (Bazemore v. Mountaia, 121 N. 0., 69, distinguished.)</p>