Carey v. . Carey
Supreme Court of North Carolina
Civil action, tried at November Term, 1890, of GraN-ville Superior Court, MacRae, J., presiding. The action was brought to set up a trust in favor of plaintiff in the tract of land mentioned in the complaint. The plaintiff is the father of Simeon Carey, deceased, and the defendants are the children and widow of the said Simeon.
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Civil action, tried at November Term, 1890, of GraN-ville Superior Court, MacRae, J., presiding. The action was brought to set up a trust in favor of plaintiff in the tract of land mentioned in the complaint. The plaintiff is the father of Simeon Carey, deceased, and the defendants are the children and widow of the said Simeon. A. deed in fee-simple for the land was executed by one D. W. Wheeler and wife to said Simeon Carey, on the 20th October, 1877. A mortgage on the same land was executed by Simeon to one K. T. Roycroft, of same date. This mortgage has since been cancelled of record by…
1Opinion of the Court
Shepherd, J.:
The plaintiff excepted to the exclusion of the testimony of the witness R. W. Winston. As it does not appear that the order permitting the withdrawal of the original pleadings wras put in evidence, we are unable to see how any testimony tending to explain it was relevant or material. We are of the opinion, however, that the witness should have been permitted to testify as to “ what transpired between the plaintiff and Jennie Carey in reference to the settlement of the title to the land.” Jennie Carey was the widow of Simeon Carey, who had the legal title, and, as such widow, was…
2Cases cited7 opinions
- Bunn v. . ToddSupreme Court of North Carolina · 1890
- Emery v. Raleigh & Gaston RailroadSupreme Court of North Carolina · 1889
- Michael v. . FoilSupreme Court of North Carolina · 1888
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3Cited by13 opinions
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- Dobias v. WhiteSupreme Court of North Carolina · 1954
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- David Adler & Sons Clothing Co. v. HellmanNebraska Supreme Court · 1898
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