Hedrick v. . Gobble
Supreme Court of North Carolina
Trespass Q. C. E., tried before GiUey, J., at Spring Term 1868, of tbe Superior Court of Davidson. The question was one of boundary, and the defendant was introduced to testify as to certain lines. He offered to testify that his father, now deceased, under whom he claimed, whilst in possession pointed out to him certain marked lines as the boundary lines of the tract.
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Trespass Q. C. E., tried before GiUey, J., at Spring Term 1868, of tbe Superior Court of Davidson. The question was one of boundary, and the defendant was introduced to testify as to certain lines. He offered to testify that his father, now deceased, under whom he claimed, whilst in possession pointed out to him certain marked lines as the boundary lines of the tract. Plaintiff objected to the testimony, on the ground that the father was then in possession of the land, and so interested. His Honor admitted the testimony, and the plaintiff excepted. The plaintiff offered in evidence what…
1Opinion of the CourtPearson, C. J.
His Honor erred in permitting the defendant to testify to the declarations of his father as to the boundary lines. By the general rule, no testimony is to be received unless subjected to two tests; an oath, and a cross-examination. The father of the defendant was subjected to neither, so his declarations are excluded by the general rule; and tbe question is, are they embraced by any exception ?
Suppose he had made a deed to his son, and was still living, would his declarations as to the boundary line be competent evidence ? or could he be allowed to say what is the boundary line, without being…
2Cited by11 opinions
- Shaffer v. GaynorSupreme Court of North Carolina · 1895
- Caldwell v. . NeelySupreme Court of North Carolina · 1879
- Yow v. Hamilton.Supreme Court of North Carolina · 1904
- Mason v. . McCormickSupreme Court of North Carolina · 1881
- W. M. Ritter Lumber Co. v. Montvale Lumber Co.Supreme Court of North Carolina · 1915
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