Legal Opinion

Simmons v. . Fleming

Supreme Court of North Carolina

Decided December 13, 1911PublishedCited by 3 opinions

Appeal from Long, J., at July Term, 1911, of McDowell. Tbis is an action brought by the legatees of John Simmons, deceased, for the recovery of land alleged to have been purchased with money which the said Simmons bequeathed to his wife, Jane Simmons, for life, with remainder to the legatees named in his will.

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Appeal from Long, J., at July Term, 1911, of McDowell. Tbis is an action brought by the legatees of John Simmons, deceased, for the recovery of land alleged to have been purchased with money which the said Simmons bequeathed to his wife, Jane Simmons, for life, with remainder to the legatees named in his will. The plaintiffs offered evidence tending to show that the money with which the land in question was purchased was money belonging to the estate of John Simmons, deceased, and bequeathed by him to his wife, Jane Simmons, for life, with remainder to the legatees named in his will, and…

1Opinion of the CourtAllen, J.

Tbe controversy between tbe plaintiffs and defendant is almost entirely one of fact, and tbe jury has found adversely to tbe defendant.

Tbe defendant, who was 79 years of age, was examined as a witness, and upon cross-examination made confusing and contradictory statements as to tbe time when be executed tbe deed to bis son.

Tbe defendant then offered tbe deed to tbe son for tbe purpose of showing its date, and upon objection it was excluded.

Tbe date of tbe deed was an immaterial inquiry, as it was admitted that it was registered after tbe filing of tbe complaint in this action.

In Collingwood…

2Cases cited3 opinions

  1. Collingwood v. . BrownSupreme Court of North Carolina · 1890
  2. Ritch v. . MorrisSupreme Court of North Carolina · 1878
  3. Britt v. . SmithSupreme Court of North Carolina · 1882

3Cited by3 opinions

  1. Burwell v. Raleigh Banking & Trust Co.Supreme Court of North Carolina · 1923
  2. Collett v. . FarnanSupreme Court of North Carolina · 1937
  3. Estate of Nelson v. CommissionerUnited States Tax Court · 1983

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