Smith v. Moore.
Supreme Court of North Carolina
ActioN by Louisa B. Smith against Susan E. Moore and others, heard by Judge ~W. R Allen and a jury, at the April Term, 1906, of the Superior Court of New Hanover..
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ActioN by Louisa B. Smith against Susan E. Moore and others, heard by Judge ~W. R Allen and a jury, at the April Term, 1906, of the Superior Court of New Hanover.. The object of the action is to set aside a deed for a lot in the city of Wilmington, at the northeast corner of Second and Eed Gross Streets, which was executed to Mr. Moore, the husband of the defendant, Susan E. Moore, and the father of her co-defendant, by Mrs. Mary E. Smith and her daughter, the plaintiff, and which it is alleged was obtained by fraud. The lot was devised in 1862 by Samuel Frink, the father of Mrs. Mary E.…
1Opinion of the Court
Walker, J.,
after stating the case: The testimony of the plaintiff as to what was said and done when Mr. Moore and his attorney were at her home for the purpose of having the deed executed, was incompetent, because the witness, under the admitted circumstances of this case, was disqualified by the statute to speak of that matter, and not because the facts related were not pertinent to the inquiry. It is a principle of the common law, and one of its favorite maxims, as well as an indispensable requirement of justice, that they who are to decide shall hear both sides, giving the one an equal…
2Cases cited37 opinions
- Lee v. . PearceSupreme Court of North Carolina · 1873
- Humes v. O'Bryan & WashingtonSupreme Court of Alabama · 1883
- Bartlett v. PattonWest Virginia Supreme Court · 1889
- County of Mahaska v. IngallsSupreme Court of Iowa · 1864
- First National Bank v. HollandSupreme Court of Virginia · 1901
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3Cited by40 opinions
- Weber v. Chicago, Rock Island & Pacific RailroadSupreme Court of Iowa · 1915
- In Re Will of SmithSupreme Court of North Carolina · 1913
- Middle Tennessee R. v. McMillanTennessee Supreme Court · 1915
- Smith v. . MooreSupreme Court of North Carolina · 1908
- Holman v. RyonCourt of Appeals for the D.C. Circuit · 1932
35 more not listed; retrieve them via the Exa API.