Wilson County NcArchives Court.....William G. Jordan Et Al, Henry A. Baker V. 1875
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Connie Ardrey n/a October 29, 2011, 5:25 pm

Source: N C Reports
Written: 1875

Henry A. Baker v. William G. Jordan, and others

Where A, a feme sole, engaged to be married to B, on the day before the 
marriage conveyed to C, without a valuable consideration, a lot, the only 
property she owned, without the knowledge or consent of B, her intended 
husband: It was held, that such conveyance was a fraud upon the marital rights 
of the husband, and therefore void.

Case agreed, heard before Clarke, J., at Spring Term, 1874, Wilson Superior 
Court.

On the 10th day of September, 1872, the defendant, Catharine Baker, then 
Catharine Jordan, was seized in fee as tenant in common with one Eugene 
Jordan, of a lot in the town of Wilson, containing one acre, it being all the 
property owned by said Catharine.

On the 11th day of December, 1872, the defendant Catharine conveyed by deed, 
the consideration of which was love and affection, (as appears upon the face 
of said deed) her interest in said lot to Mittie S. Jordan, wife of W. G. 
Jordan and step-mother of said Catharine, with whom she was then living, 
without the knowledge or consent of the plaintiff, her then intended husband.

On the 12th day of December, 1872, after an engagement of some months, the 
plaintiff and defendant, Catharine, intermarried.

On the 27th day of January, 1873, the defendant, W. G. Jordan and wife Mittie 
S. Jordan and Eugene Jordan sold said lot to R. J. Taylor, for the sum of 
three thousand dollars, which was a fair price for the same.

The defendant, Taylor, knew at the time of the purchase, when the marriage of 
the plaintiff with the defendant, Catharine, was solemnized; and knew that the 
deed from Catharine to Mittie S. Jordan, was made on the day before said 
marriage, but had no knowledge or notice that the plaintiff did not know and 
consent to the previous conveyance from the said Catharine to Mittie S. 
Jordan, prior to the marriage.

If the Court shall be of opinion for the plaintiff, such judgment is to be 
entered as the Court shall be of opinion the plaintiff is entitled to, and for 
cost. Otherwise judgment is to be entered against plaintiff for cost.

It was adjudged by the Court: That the deed from Catharine Jordan to Mittie S. 
Jordan, made on the 11th day of December, 1872, be surrendered up for 
cancellation, and that the defendants, W. G. Jordan, Mittie S. Jordan and R. 
J. Taylor, reconvey to Catharine Baker her interest in the lot of land 
conveyed to Mittie S. Jordan by Catharine Jordan, on the 11th day of December, 
1872, and that plaintiff recover costs of this action.

From this judgment the defendant, R. J. Taylor, appealed.

Moore & Gatling, for appellant
Smith & Strong & Clarke & Son, contra

NC Supreme Court Justice Pearson, C. J. - ...The defendant, Taylor, knew of 
the fact that this conveyance was made on the day before the marriage. This, 
as the books say, was enough to put him "upon enquiry." If he had asked of the 
plaintiff he would have received the information that the deed was executed 
without his knowledge, and that he would contest the right of Mr. Jordan to 
sell the lot. (see case for judge's full findings)

No error
Per Curiam
Judgment affirmed

Additional Comments:
In the NC Supreme Court June Term 1875

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