Pendleton v. . Dalton
Supreme Court of North Carolina
Civil Action, for Specific Performance of a Contract, tried at Spring Term, 1877, of Rowan Superior Court, before Kerr, J. ■ The plaintiffs offered in evidence a paper writing purporting to be the last will and testament of William J. Pendle-ton, deceased. This evidence was objected to by the defendant, and excluded by the Court upon the ground that it had not been proved in the Probate Court pursuant to the law of this State, as a devise of real estate.
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Civil Action, for Specific Performance of a Contract, tried at Spring Term, 1877, of Rowan Superior Court, before Kerr, J. ■ The plaintiffs offered in evidence a paper writing purporting to be the last will and testament of William J. Pendle-ton, deceased. This evidence was objected to by the defendant, and excluded by the Court upon the ground that it had not been proved in the Probate Court pursuant to the law of this State, as a devise of real estate. (The deceased lived in Louisa County, Virginia, and the will was duly proved according to the law of that State.) To this ruling the…
1Opinion of the CourtReade, J.
The plaintiffs allege that their ancestor, W. J. Pendleton, had this cause of action against the defendants for specific performance of a contract for the conveyance of the laud in controversy, and that the plaintiffs are the devi-sees and'heirs at law of said W. J. Pendleton, and have the same right which he had in his life time.
Upon the trial the plaintiffs failed to prove that they were the devisees of W. J. Peudleton, and then they offered to prove that they were his heirs at law.- And the evidence was excluded, “for that plaintiffs'" cause of action as stated in their complaint was…
2Cited by1 opinion
- Pendleton v. . DaltonSupreme Court of North Carolina · 1885