Ashe v. Pettiford
Supreme Court of North Carolina
ActioN tried before Whedbee, J., and a jury, at September Special Term, 1918, of WASHINGTON. The action was brought to recover possession of a tract of land on "Welch’s Creek containing sixty acres.' Plaintiff claimed the land by collateral descent from Martha A. Pettiford, who he alleged was his sister, which allegation the defendants denied, so that the sole question was whether the relation of brother and sister existed between the plaintiff and Martha A. Pettiford.
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ActioN tried before Whedbee, J., and a jury, at September Special Term, 1918, of WASHINGTON. The action was brought to recover possession of a tract of land on "Welch’s Creek containing sixty acres.' Plaintiff claimed the land by collateral descent from Martha A. Pettiford, who he alleged was his sister, which allegation the defendants denied, so that the sole question was whether the relation of brother and sister existed between the plaintiff and Martha A. Pettiford. In order to show that Martha was not the sister of the plaintiff, the defendants asked Henry Pettiford, one of their…
1Opinion of the Court
'Walker, J.,
after stating tbe ease: "We are of tbe opinion tbat error was committed in overruling tbe objection to testimony of tbe witness Henry Pettiford as to tbe general reputation of tbe pedigree or genealogy of Joe and Martha, as tbis must be shown by reputation in tbe family of tbe parties concerned or by declaration of deceased members of sucb family,, and not by general reputation in tbe community. Tbe error was substantial and prejudicial.
“It was beld in Kaywood v. Barnett, 20 N. C., 88, tbat in order to warrant tbe admission of declarations relating to pedigree, it is essential,…
2Cases cited16 opinions
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3Cited by2 opinions
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