Daniel v. . Dixon
Supreme Court of North Carolina
Appeal by defendants' from Bragaw, J., at November Term, 1912, of Pitt. This action was brought to cancel two deeds made by Mrs. A. G. Daniel to her daughter, Ida Dixon, on the ground of mental incapacity of the grantor and undue influence exercised in procuring the deeds.
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Appeal by defendants' from Bragaw, J., at November Term, 1912, of Pitt. This action was brought to cancel two deeds made by Mrs. A. G. Daniel to her daughter, Ida Dixon, on the ground of mental incapacity of the grantor and undue influence exercised in procuring the deeds. Issues were submitted to the jury, and answered as follows: 1. Was Mrs. A. G. Daniel, the grantor named in the paper-writings referred to in the pleadings, so lacking in mental capacity, 30 November, 1904, that she could not make a deed? Answer: Yes. 2. Did the defendants procure the said paper-writings to be signed by Mrs.…
1Opinion of the Court
WalKEb, J.,
after stating the case: There are seventeen exceptions to evidence, and all of them fall within one of three classes: (1) If a question, to which objection is taken, is not answered, and there is nothing to show what evidence was expected to be elicited, the objection fails. S. v. Leak, 156 N. C., 643. (2) If a competent question is objected to and ruled out, but is afterwards asked and answered, the same result follows. Gossler v. Wood, 120 N. C., 69. (3) Declarations of third persons, which are excluded as hearsay, and acts of the same nature which are inadmissible, as leading…
2Cases cited21 opinions
- Sprinkle v. Wellborn.Supreme Court of North Carolina · 1905
- Cogdell v. Wilmington & Weldon RailroadSupreme Court of North Carolina · 1903
- State v. . LeakSupreme Court of North Carolina · 1911
- Bost v. . BostSupreme Court of North Carolina · 1882
- Horah v. . KnoxSupreme Court of North Carolina · 1882
16 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- State v. . LassiterSupreme Court of North Carolina · 1926
- Berbarry v. . TombacherSupreme Court of North Carolina · 1913
- Armfield v. Raleigh & Southport Railway Co.Supreme Court of North Carolina · 1913
- State v. . GreenSupreme Court of North Carolina · 1927
- In Re CreecySupreme Court of North Carolina · 1925
8 more not listed; retrieve them via the Exa API.