Weathers v. Borders

• Decision Date: 23 November 1897
• Citation: 28 S.E. 524,121 N.C. 387
• Court: North Carolina Supreme Court
• Parties: WEATHERS et al. v. BORDERS et al.

28 S.E. 524

121 N.C. 387

WEATHERS et al.

v.BORDERS et al.

Supreme Court of North Carolina.

Nov. 23, 1897.

Married Women — Validity or Contracts — Ratification.

1. A wife cannot subject her land or separate interest therein, in any way, except by a regular conveyance executed as required by the statute, and the intent to charge her separate estate must appear on the face of the instrument creating the liability.

2. A wife may charge her personal estate by herself or by an agent, for her necessary personal expenses, or for the support of her family, or to pay her antenuptial debts, without the written assent of her husband.

3. A married woman may make her husband her agent to manage her separate estate.

4. A wife cannot ratify a void contract.

Appeal from superior court, Cleveland county; Norwood, Judge.

Action by Weathers and Crowder against J. S. Borders and another. Judgment for defendants. Plaintiffs appeal. Affirmed.

Webb & Webb, for appellants.

FAIRCLOTH, C. J. Defendant and her husband contracted with plaintiffs verbally to have a house built on her land and materials furnished for the building'. House was built and paid for, except $37.81. Defendants, alleging that bad work was done and inferior material used, refused to pay the balance. Plaintiffs sue for balance, and ask to have their judgment declared a lien on the house and lot. This is the only question. Plaintiffs admitted the contract was not in writing, and thereupon his honor held that they could not recover on their own showing, and adjudged that the feme defendant go without day, and that plaintiffs have judgment against the husband for the balance. Appeal from that part of the judgment dismissing the action as to the feme defendant. It has already been held that a wife cannot subject her land, or separate interest therein, in any way except by a regular conveyance executed as required by the statute, and then the intent to charge her separate estate must appear on the face of the instrument creating the liability. She may charge her personal estate, by herself or by an agent, for her necessary personal expenses, or for the support of her family, or to pay her antenuptial debts, without the written assent of her husband, and maymake him her agent to manage her separate estate. Code, § 1826; Thompson v. Taylor, 110 N. C. 70, 14 S. E. 513; Association v. Black,, 119 N. C. 327, 25 S. E. 975; Bazemore v. Mountain, 121 N. C. —, 28 S. E. 17 (at the present term). She cannot ratify a void...