Sherrill v. . Wilhelm
Supreme Court of North Carolina
Appeal by defendant from McElroy, J., at August Term, 1921, from Iredell. Civil action to recover possession of a tract of land under an alleged parol agreement, whereby the plaintiff contends that the locus in quo was purchased by him from one E. J. Plott, title taken in the name of Dr. W. W. Wilhelm, now deceased, wbo bad advanced a part of tbe purchase money witb tbe understanding tbat deed would be made to plaintiff upon tbe repayment of tbe amount borrowed or advanced.
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Appeal by defendant from McElroy, J., at August Term, 1921, from Iredell. Civil action to recover possession of a tract of land under an alleged parol agreement, whereby the plaintiff contends that the locus in quo was purchased by him from one E. J. Plott, title taken in the name of Dr. W. W. Wilhelm, now deceased, wbo bad advanced a part of tbe purchase money witb tbe understanding tbat deed would be made to plaintiff upon tbe repayment of tbe amount borrowed or advanced. Plaintiff alleges tbat tbe entire purchase price was paid by him to Dr. Wilhelm before bis death, but tbat tbe deceased…
1Opinion of the CourtStacy, J.
Plaintiff contends tbat tbe evidence of R. J. Plott in regard to tbe personal transactions and communications which be bad witb Dr. Wilhelm, tbe deceased, concerning tbe purchase of tbe land in question for plaintiff, etc., is incompetent under C. S., 1795, and should have been excluded. It will be observed tbat Plott is tbe common grantor from, through, or under whom both parties claim title, mediately or immediately, “by assignment or otherwise,” to tbe locus in quo. Thus it would seem tbat tbe evidence given by tbe witness falls directly within tbe inhibition of tbe statute, being offered,…
2Cases cited5 opinions
- Bunn v. . ToddSupreme Court of North Carolina · 1890
- Irvin v. . R. R.Supreme Court of North Carolina · 1913
- Sorrell v. . McGheeSupreme Court of North Carolina · 1919
- Carey v. . CareySupreme Court of North Carolina · 1889
- Welfare v. . WelfareSupreme Court of North Carolina · 1891
3Cited by12 opinions
- Forbis v. NealSupreme Court of North Carolina · 2007
- Peek v. ShookSupreme Court of North Carolina · 1951
- Wilson v. . ErvinSupreme Court of North Carolina · 1947
- In Re Will of BrownSupreme Court of North Carolina · 1932
- Carswell v. Greene Ex Rel. GreeneSupreme Court of North Carolina · 1960
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