Overman v. . Coble
Supreme Court of North Carolina
Appeal from the Superior Court of Law of Randolph County, at the Fall Term, 1851, his Honor Judge Ellis presiding. ; This was an action of trover for a bed, and a variety of articles of household furniture, brought by the plaintiff as administrator of Rachel Bunting, against the defendants, Coble and Staly.
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Appeal from the Superior Court of Law of Randolph County, at the Fall Term, 1851, his Honor Judge Ellis presiding. ; This was an action of trover for a bed, and a variety of articles of household furniture, brought by the plaintiff as administrator of Rachel Bunting, against the defendants, Coble and Staly. It appeared in evidence, that the intestate, Rachel Bunting, who had lived in the house of the defendant, Coble, for fifteen years, died on the 27th of September, 1846. The defendant Coble, after her death, sold the property in question to the defendant, Staly, who removed it to his own…
1Opinion of the CourtNash, J.
In the trial of this cause below, the only error committed, that I can perceive, was in receiving evidence of the handwriting of Staly, the subscribing witness, to prove the execution of the papers offered in evidence by the defendant. The testimony, however, was not objected to by the plaintiff, and, of course, it was l’eceived by con sent. The error, therefore, was not in the action of the Court; and neither party can now object to it. The general rule of evidence is, that when a deed, or other paper writing is attested, it must be proved by the attesting witness, if he is capable of being…
2Cited by5 opinions
- In Re Will of SmithSupreme Court of North Carolina · 1913
- State v. HareSupreme Court of North Carolina · 1955
- State v. . KiziahSupreme Court of North Carolina · 1940
- Whitmire v. . HeathSupreme Court of North Carolina · 1911
- Hamilton v. . WilliamsSuperior Court of North Carolina · 1794