Isler v. . Dewey
Supreme Court of North Carolina
Civil AotioN, brought by plaintiff to recover possession of a tract of land, tried before his Honor, Judge Tourgee, at the Special (December) Term, 1872, of WaYNe Superior Court. At June Term, 1872, of this Court, a new trial was granted in the case on account of the rejection of certain evidence. Sec 67 N. 0. Rep. 93, as also for a statement of the facts of the case.
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Civil AotioN, brought by plaintiff to recover possession of a tract of land, tried before his Honor, Judge Tourgee, at the Special (December) Term, 1872, of WaYNe Superior Court. At June Term, 1872, of this Court, a new trial was granted in the case on account of the rejection of certain evidence. Sec 67 N. 0. Rep. 93, as also for a statement of the facts of the case. Upon the new trial, the plaintiff introduced Samuel Smith, the grantor in the deed of trust, under which the defendants claim title to the land in question. The witness, the case states, was an old man, and testified as to his…
1Opinion of the Court
Settle J.
When this case was before us at a previous term, reported in 67 N. C., 93, we held that Samuel Smith, the grantor in the deed of trust to Washington, was a competent witness to prove “that the understanding and agreement between him and Washington, at the time the deed was executed, was that Washington should hold the land and other property therein conveyed, for Smith, until he should be able to pay the debts from other sources,” and that this evidence might go to the jury for what it was worth.
Upon a second trial, the plaintiff introduced as a witness the said Smith, who is an old…
2Cases cited2 opinions
- State v. . CherrySupreme Court of North Carolina · 1869
- Isler v. . DeweySupreme Court of North Carolina · 1872
3Cited by14 opinions
- Mercer v. StateSupreme Court of Florida · 1898
- Orris v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Missouri · 1919
- Webb v. StateOhio Supreme Court · 1876
- Sheppard v. YocumOregon Supreme Court · 1882
- Kirby v. StateCourt of Criminal Appeals of Oklahoma · 1923
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