Bachelor v. . Norris

AlleN, J. The constitutionality of the statute (Rev., sec. 2111) authorizing a married woman to execute a valid conveyance of real property without the joinder of her husband, when she has been abandoned by her husband, has been sustained in several decisions of this Court. (Hall v. Walker, 118 N. C., 377; Brown v. Brown, 121 N. C., 8; Finger v. Hunter, 130 N. C., 531), and as the fact of abandonment has been found by the jury in favor of the defendant, the only question left open to the plaintiff on this branch of the case is whether there is evidence to support the verdict. There was evidence that the husband was in Yirginia when the deed was executed; that the wife stated that he had nothing to do with the deed, and had left her and gone to Yirginia; that both husband and wife stated they had separated; that the husband made no provision for his wife when he left for Yirginia and she had to buy supplies on her own credit; that the husband said the Ashleys had moved to his house and he would -not stay *509 there with them, as it would cause trouble for all; that the husband was frequently intoxicated, and he said his wife had numerous quarrels, and this has as much probative force as that held sufficient on an issue of abandonment in Vandiford v. Humphrey, 139 N. C., 65. Ve are also of opinion the deed is not void for vagueness in the description, which is more definite and certain than many others that have been upheld. Farmer v. Batts, 83 N. C., 387; Perry v. Scott, 109 N. C., 374; Johnson v. Manufacturing Co., 165 N. C., 106. The term, “binding the lands,” it is true, is equivalent to the call for another tract (Allen v. Sallinger, 108 N. C., 161), and one of the witnesses for the defendant, after identifying the Land on his examination in chief, said on cross-examination that the oak stump was 100 yards from the James land, and that if you continued to follow the swamp you would not get back to the beginning; but this does not render the deed void, and is only material on the location of the land in the deed. As was said in Coltrain v. Lumber Co., 165 N. C., 44, “The contention that the failure of the 50-acre tract- to bound on the other lands, as described in the deed, is a fatal defect, cannot' be sustained.” We find no error in the trial, and the judgment is affirmed. No error.