Legal Opinion

Blake v. . Broughton

Supreme Court of North Carolina

Decided September 5, 1890PublishedCited by 11 opinions

This was a civil ACTION, brought to foreclose two mortgages, set out in the complaint, tried before MacRae, J, at February Term, 1890, of the Superior Court of Wake County. The record, with the evidence sent therewith, is voluminous, but we reproduce only so much thereof as is necessary to a full and clear understanding of the questions presented for our consideration.

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This was a civil ACTION, brought to foreclose two mortgages, set out in the complaint, tried before MacRae, J, at February Term, 1890, of the Superior Court of Wake County. The record, with the evidence sent therewith, is voluminous, but we reproduce only so much thereof as is necessary to a full and clear understanding of the questions presented for our consideration. The allegation of the complaint, so far as material to this appeal are, in substance, that on the 15th day of May, 1884, E. FI. Crawford and M. A. Crawford, his wife, executed a mortgage on certain real estate therein…

1Opinion of the Court

Davis, J.:

The first and second exceptions relate to the testimony elicited, upon cross-examination, in regard to the conversation of Mr. Montague with Mr. Jones. His Honor stated that it was only admitted on cross-examination as affecting the credibility or accuracy of the witness. No citation of authority is needed to show that it was competent for the purpose stated. Besides, the objection does not appear to have been taken to the question, but to the answer, and “it is not admissible for counsel to be quiet and allow the evidence to come out, and take advantage of it if favorable, ^.nd if…

2Cases cited5 opinions

  1. McRae v. . MalloySupreme Court of North Carolina · 1885
  2. Bridgers v. . DillSupreme Court of North Carolina · 1887
  3. Walker v. . MebaneSupreme Court of North Carolina · 1884
  4. Wiggins v. GuthrieSupreme Court of North Carolina · 1888
  5. Ballard v. . WilliamsSupreme Court of North Carolina · 1886

3Cited by11 opinions

  1. Dobias v. WhiteSupreme Court of North Carolina · 1954
  2. Ledford v. Valley River Lumber Co.Supreme Court of North Carolina · 1922
  3. Gregg v. WilliamsonSupreme Court of North Carolina · 1957
  4. Burnett v. Dunn Commission & Supply Co.Supreme Court of North Carolina · 1920
  5. Neal v. Wachovia Bank & Trust Co.Supreme Court of North Carolina · 1944

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