McCall v. . Wilson
Supreme Court of North Carolina
This is a civil action for the recovery of land, which was tried before Gilmer, J, at Fall Term, 1888, of Mecklenburg Superior Court.
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This is a civil action for the recovery of land, which was tried before Gilmer, J, at Fall Term, 1888, of Mecklenburg Superior Court. It was in evidence that the plaintiffs were the children and heirs-at-law of Josiah McCall, who died in 18G4. They introduced (1) a deed from John E. Moore to Josiah McCall, their father, dated October 22d, 1858, and registered September 2d, 1884. This was in form a fee-simple deed and the lands described therein are the lands in dispute; and (2) a deed from A. M. Moore, the widow of John E. Moore, to the defendant, William S. Wilson, and M. C. Wilson, the…
1Opinion of the CourtDavis, J.
(after stating the case.) 1. The first exception is to the admission of the testimony of S. C. McCall. She testified to no “ personal transaction or communication ” between her and the deceased. What she saw, and the fact that the deceased had land in Union County,involved no such “transaction or communication.” Loftin v. Loftin, 96 N. C, 94.
There was no error in admitting her testimony.
2. The second exception was to the admission of the testimony of D. H. McCall. He testified to what he “ saw,” and the exception cannot be sustained.
3. The third exception, and the only one relied on in the…
2Cited by18 opinions
- State Ex Rel. Wilder v. MedlinSupreme Court of North Carolina · 1939
- Carswell v. Greene Ex Rel. GreeneSupreme Court of North Carolina · 1960
- In Re Will of HarrisonSupreme Court of North Carolina · 1922
- McCurley v. National Savings & Trust Co.Court of Appeals for the D.C. Circuit · 1919
- Lane v. . RogersSupreme Court of North Carolina · 1893
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