Lewis v. . Pate

193 S.E. 20, 212 N.C. 253, 1937 N.C. LEXIS 290

• Court: Supreme Court of North Carolina
• Decided: October 13, 1937
• Status: Published

Opinion

Pee Cueiam.

While there are a number of exceptions in the record, the appellant presents to this Court for determination only one question, to wit: “Does the husband own and have the right to dispose of all the income, rents and profits, products, etc., accruing from an estate held by entirety to such an extent that an execution against him may be levied upon it to the exclusion of any interest the wife may have ?” This question must be answered, in the affirmative. It is well established law in this State that the husband, during coverture and as between himself and the wife, has absolute and exclusive right to the control, use, possession, rents, issues, and profits of property held as tenants by the entirety. The common-law rule still prevails. Davis v. Bass, 188 N. C., 200; Bynum v. Wicker, 141 N. C., 95; Greenville v. Gornto, 161 N. C., 342; Dorsey v. Kirkland, 177 N. C., 523; Simonton v. Cornelius, 98 N. C., 437; Bryant v. Bryant, 193 N. C., 372; 30 C. J., 567.

We have examined the other exceptions contained in the record and find them without substantial merit. In the trial of this cause below there was

No error.