Van Buren Bryan v. Malloy
Supreme Court of North Carolina
Civil Action tried at Fall Term, 1883, of Richmond Superior Court, before MoKoy, J. ■ This action was brought to set aside a deed for land, executed by Margaret Sinclair, Isabella Sinclair and Daniel Sinclair to the defendant D. M. Kennedy, on the ground of fraud and imposition ; and also to set aside a deed from D. M. Kennedy to the defendant William Gilchrist, for the same land, on the ground that Gilchrist purchased with notice of the fraud; and also for the possession of…
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Civil Action tried at Fall Term, 1883, of Richmond Superior Court, before MoKoy, J. ■ This action was brought to set aside a deed for land, executed by Margaret Sinclair, Isabella Sinclair and Daniel Sinclair to the defendant D. M. Kennedy, on the ground of fraud and imposition ; and also to set aside a deed from D. M. Kennedy to the defendant William Gilchrist, for the same land, on the ground that Gilchrist purchased with notice of the fraud; and also for the possession of the land. The deed to Kennedy was made January 22, 1866, and that to Gilchrist, May 5, 1879. Defendant Gilchrist also…
1Opinion of the CourtAshe, J.
It is held to be a general rule of Jaw that where a witness has given his testimony-under oath in a judicial proceeding, in which the adverse litigant had the power to cross-examine, the testimony so given will, if the witness be dead, be admitted in any subsequent suit between the same parties or those claiming under them, provided it relates to the same subject, or involves the same material questions. Taylor on Evi., §434. In Harper v. Burrow, 6 Ired., 30, it was held by the court that the testimony of a witness examined in a former suit is not admissible in a subsequent suit, when the…
2Cases cited2 opinions
- Elliott v. Lessee of PeirsolSupreme Court of the United States · 1828
- Yates v. . YatesSupreme Court of North Carolina · 1879
3Cited by18 opinions
- Keokuk & Western Railroad v. MissouriSupreme Court of the United States · 1894
- Jones v. . BeamanSupreme Court of North Carolina · 1895
- Freeman v. . BrownSupreme Court of North Carolina · 1909
- Allred v. Smith.Supreme Court of North Carolina · 1904
- J. T. McTeer Clothing Co. v. HaySupreme Court of North Carolina · 1913
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