Dail v. . Sugg
Supreme Court of North Carolina
Civil Action to recover the land tried at Spring Term, 1881, of Greene Superior Court, before Graves, J. The plaintiffs claim title to the land in controversy as heirs of Mary E. Suggs, and a deed from W. H. Dail to her and a deed from the sheriff of Greene county to said Dail.
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Civil Action to recover the land tried at Spring Term, 1881, of Greene Superior Court, before Graves, J. The plaintiffs claim title to the land in controversy as heirs of Mary E. Suggs, and a deed from W. H. Dail to her and a deed from the sheriff of Greene county to said Dail. The defendant claimed the right to hold possession of the land as widow of Josiah Suggs, to whom the land had been allotted as a homestead by proceedings for that purpose had before a justice of the peace and freeholders. In support of their title the plaintiffs offered in evidence the judgment docket of Greeue…
1Opinion of the CourtAsiie, J.
The first exception taken by the defendant to the ruling of His Honor was to the admission of evidence to prove the time when the debts were contracted, upon which the Freeman judgments were rendered, without producing the evidences of debt. This evidence was competent. It was not offered to prove the contents of the notes, but to establish the fact of the time of their execution. It was an independent fact and collateral to the enforcement of tho contract, which was between other persons than those who were parties to this action. Oates v. Kendall, 67 N. C., 241; Brem v. Allison, 68 N. C.,…
2Cases cited2 opinions
- Oates, Williams & Co. v. KendallSupreme Court of North Carolina · 1872
- Brem v. . AllisonSupreme Court of North Carolina · 1873
3Cited by5 opinions
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