Bethea v. . Byrd
Supreme Court of North Carolina
Civil ACTION, tried before Shepherd, Judge, and a jury, at Eall Term, 1884, of Harnett Superior Court. The part of the case settled upon appeal necessary to be stated here, is as follows: 1st ExoeptioN. — In attempting to establish the location of the Clevins grant, among other evidence relating to the second! corner at “M” (on the plat), the defendant offered to prove by a witness named Byrd, that many years ago an adjoining proprietor, J. T. McLean, now dead, pointed out…
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Civil ACTION, tried before Shepherd, Judge, and a jury, at Eall Term, 1884, of Harnett Superior Court. The part of the case settled upon appeal necessary to be stated here, is as follows: 1st ExoeptioN. — In attempting to establish the location of the Clevins grant, among other evidence relating to the second! corner at “M” (on the plat), the defendant offered to prove by a witness named Byrd, that many years ago an adjoining proprietor, J. T. McLean, now dead, pointed out to him this corner,, at the corner of the Byrd garden, and told him this was a corner of the Timothy Clevins 300 acres.…
1Opinion of the CourtMerrimon, J.
(after stating the facts). It is settled by numerous dec'sions of this Court, that the declarations of deceased' persons who were disinterested at the time such declarations were made, in respect to boundary lines and corners of land, are competent evidence to prove their location, if such persons had opportunity to be informed in respect thereto. It is true, thatsuch evidence is hearsay in its nature, but it has been deemed necessary to classify it with, and make it one of the exceptions-to the general rule of law, that hearsay is not competent as evidence. Whether this exception comes…
2Cases cited5 opinions
- Caldwell v. . NeelySupreme Court of North Carolina · 1879
- Halstead v. . MullenSupreme Court of North Carolina · 1885
- Mason v. . McCormickSupreme Court of North Carolina · 1881
- Fry v. . CurrieSupreme Court of North Carolina · 1884
- Hedrick v. . GobbleSupreme Court of North Carolina · 1868
3Cited by10 opinions
- Yow v. Hamilton.Supreme Court of North Carolina · 1904
- Hemphill v. Hemphill.Supreme Court of North Carolina · 1905
- Dugger v. . McKessonSupreme Court of North Carolina · 1888
- Singleton v. . RoebuckSupreme Court of North Carolina · 1919
- Sullivan v. . BlountSupreme Court of North Carolina · 1914
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