Taylor v. . Smith
Supreme Court of North Carolina
Civil aotioN, tried. at February Term, 1894, of the Superior Court of CreeNB County, before Brown, Judge. The material portions of the testimony were as follows : George M. Smith testified for the defendants : “I executed the note for seven hundred dollars.” Said witness further testified : “ I paid this note to Addie O. Smith, December 24, 1891 ; paid fifty-six dollars in cash, and gave her a deed for a tract of land worth seven hundred dollars.
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Civil aotioN, tried. at February Term, 1894, of the Superior Court of CreeNB County, before Brown, Judge. The material portions of the testimony were as follows : George M. Smith testified for the defendants : “I executed the note for seven hundred dollars.” Said witness further testified : “ I paid this note to Addie O. Smith, December 24, 1891 ; paid fifty-six dollars in cash, and gave her a deed for a tract of land worth seven hundred dollars. She ■surrendered me the note. After the note was assigned to Cora and Addie Smith I paid one-half the annual interest to each. After Cora died,…
1Opinion of the Court
Aveky, J.:
Two sisters, tbe plaintiff’s intestate and the defendant, “agreed with each other that should either of them die before the other without a living heir, the survivor should have” a note in which both were payees and each had an equal undivided interest, “and that during the life of both of them, they should collect the interest together in equal shares.” About twelve months afterwards one of the sisters married and subsequently died leaving the defendant, her unmarried sister, surviving her, but no issue. In the connection in which they appear, the words “living-heir” were…
2Cases cited5 opinions
- Patrick v. . MoreheadSupreme Court of North Carolina · 1881
- Watson v. . SmithSupreme Court of North Carolina · 1892
- Bodenhamer v. . WelchSupreme Court of North Carolina · 1883
- Foster v. HackettSupreme Court of North Carolina · 1893
- Howell v. . KnightSupreme Court of North Carolina · 1888
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- Buffaloe v. . BarnesSupreme Court of North Carolina · 1946
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