Wood v. . Wheeler

Citations

• 11 S.E. 590
• 106 N.C. 512

Syllabus

<p>Married Women — Contract—Consent of Husband — Privy Examination — Purchase-m.oney—Foreclosure.</p> <p>1. Where a, feme covert executed a bond and mortgage without the consent of her husband and without privy examination, the consideration being for land purchased: Held, to be error in rendering a judgment on the bond and decreeing foreclosure.</p> <p>2. If the agreement was that a properly executed mortgage was to be given concurrently with the execution of the deed for the land, the feme covert would not be allowed to retain the land without paying the consideration. Where, in such a case, the feme covert offers to surrender the land, and prays for an account of the rents, and profits, and the purchase-money paid: Held, that the Court should have ordered such account to be taken, in order that the equities might be adjusted between the parties.</p> <p>3. The transfer of such a bond could be nothing more than an equitable assignment of the right to have the property subjected to the payment of the debt, and the assignee must, therefore, be made a party.</p>