Jones v. . Emory
Supreme Court of North Carolina
This was a civil action, tried before Hoke, J., and a jury, at February Term, 1894, of Wake Superior Court. Plaintiff, who was a daughter of Willis Emory, deceased, seeks to establish a parol trust in a tract of land, or lot, the legal title to which is in defendants, who are the children and widow of W. C. Emory (called Clint Emory), deceased, who was brother of plaintiff and sou of said Willis.
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This was a civil action, tried before Hoke, J., and a jury, at February Term, 1894, of Wake Superior Court. Plaintiff, who was a daughter of Willis Emory, deceased, seeks to establish a parol trust in a tract of land, or lot, the legal title to which is in defendants, who are the children and widow of W. C. Emory (called Clint Emory), deceased, who was brother of plaintiff and sou of said Willis. Plaintiff offered evidence tending to show that she had moved upon the lot in controversy more than twenty years ago, under a bargain with one Saintsing, who was a son-in-law of Willis Emory; that…
1Opinion of the Court
Avery, J.:
The general rule {The Code, § 589) is that no person offered as a witness shall be excluded on account of his interest in the event of the action. The exception [Ihe Code, §590) is that neither a party interested in the event of the action, nor anyone from, through or under whom such interested person derives his interest or title by assignment or otherwise, shall be examined as a witness, etc., concerning a personal transaction or communication between the witness and the deceased person. The witness Ephriam Emory lived with the plaintiff on the land in controversy and helped to…
2Cases cited6 opinions
- Shields v. . WhitakerSupreme Court of North Carolina · 1880
- Wood, Ex'r. v. . Cherry .Supreme Court of North Carolina · 1875
- Lawrence v. . HymanSupreme Court of North Carolina · 1878
- Mull v. . MartinSupreme Court of North Carolina · 1881
- White v. BeamanSupreme Court of North Carolina · 1887
1 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Pridgen v. . PridgenSupreme Court of North Carolina · 1925
- Cobb v. EdwardsSupreme Court of North Carolina · 1895
- Cobb v. . EdwardsSupreme Court of North Carolina · 1895
- Sanderson v. PaulSupreme Court of North Carolina · 1952
- Henderson v. . McLainSupreme Court of North Carolina · 1907
6 more not listed; retrieve them via the Exa API.