Berry v. . Hall
Supreme Court of North Carolina
This was a civil action, tried at the March Term, 1889, of the Superior Court of Orange County, before Bynum, J. The plaintiff is the widow of Thomas P. Berry, and after his death a tract of land containing one hundred and six acres was allotted to her as dower out of the lands formerly belonging to him. The defendant bought other adjacent lands and the reversionary interest in the tract' allotted to her.
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This was a civil action, tried at the March Term, 1889, of the Superior Court of Orange County, before Bynum, J. The plaintiff is the widow of Thomas P. Berry, and after his death a tract of land containing one hundred and six acres was allotted to her as dower out of the lands formerly belonging to him. The defendant bought other adjacent lands and the reversionary interest in the tract' allotted to her. Afterwards, in pursuance of an agreement with the defendant, she conveyed to him her dower interest, andTn exchange he conveyed to her fifteen, acres of land adjoining, on which was a cabin,…
1Opinion of the CourtAvejay, J.
after stating the facts: The objection to the competency of the physician’s testimony as to the sanity of the feme plaintiff, after he had observed her demeanor as a witness, is clearly not tenable. It is a well settled rule that evidence that a person is sane or insane at the time of trial is competent as tending to show the condition of his mind at a previous period, when some act was done by him, the character or validity of which depended upon his mental capacity; and though months or years may intervene, such evidence does not become incompetent by the mere lapse of time,, but the jury…
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