Fain v. . Edwards
Supreme Court of North Carolina
This was an action of TROVER, brought to recover the value of a mare, and comes up on appeal, after the new trial granted at August Term, 1850; (II Ire. 305.) On the trial before his Honor, Judge Battle, at Cherokee, at Pall Term, 1851, upon the plea of not guilty, the case was as follows: The defendant, Edwards, had levied upon and sold the mare in question, at the instance of the other defendant, under a judgment and execution against one Sam’l Lowdermilk.
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This was an action of TROVER, brought to recover the value of a mare, and comes up on appeal, after the new trial granted at August Term, 1850; (II Ire. 305.) On the trial before his Honor, Judge Battle, at Cherokee, at Pall Term, 1851, upon the plea of not guilty, the case was as follows: The defendant, Edwards, had levied upon and sold the mare in question, at the instance of the other defendant, under a judgment and execution against one Sam’l Lowdermilk. For the purpose of proving that the mare, though in the possession of Lowdermilk, when she was levied on and sold, was the property of…
1Opinion of the CourtNash, C. J.
His Honor below very properly overruled the objection to the testimony of the witnesses, Rhea and Turnbill. The testimony of Lowdermilk had been admitted without objec- ' lion, and upon its being attacked by the defendants, the other witnesses were introduced to sustain it. Their evidence was admissible, not only for that purpose, but would have been so, in chief. It was important to the plaintiff to show that, although the mare, the subject of controversy, was in possession of Lowdermilk, at the time it was levied on by the defendant Edwards, yet (hat it was his property. He then was clearly…
2Cited by1 opinion
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