Boney v. Boney
Supreme Court of North Carolina
Appeal from Carter, J., at August Term, 1912, of DupliN. This is an action brought by the plaintiffs, as beirs of Mrs. E. M. Boney, to recover an interest in certain lands in and around the town of "Wallace, in Duplin County, and to have set aside a deed made by Mrs. E. M. Boney to the defendant Paisley Boney, for said lands, the plaintiff alleging four causes of action: one being that the deed obtained by Paisley Boney from Mrs. E. M. Boney was obtained through fraud and…
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Appeal from Carter, J., at August Term, 1912, of DupliN. This is an action brought by the plaintiffs, as beirs of Mrs. E. M. Boney, to recover an interest in certain lands in and around the town of "Wallace, in Duplin County, and to have set aside a deed made by Mrs. E. M. Boney to the defendant Paisley Boney, for said lands, the plaintiff alleging four causes of action: one being that the deed obtained by Paisley Boney from Mrs. E. M. Boney was obtained through fraud and undue influence; another alleging that the deed, though absolute on its face, was intended as a security 'for the debt due…
1Opinion of the CourtAllen, J.
The evidence of G. J. Boney, offered by the plaintiffs and excluded by the court, was incompetent under section 1631 of the Eevisal.
He was one through whom plaintiffs and defendants claimed, and was offering to testify, in behalf of the plaintiffs and against the defendants, as to conversations and transactions with Mrs. E. M. Boney, deceased, to whom the witness had executed the deed, and from whom the defendant derived his title. Bunn v. Todd, 107 N. C., 267.
The witness D. E. Boney was examined by the court in the absence of the jury. He said, among other things, while speaking of the sale…
2Cases cited5 opinions
- Bunn v. . ToddSupreme Court of North Carolina · 1890
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- Blackwell Durham Tobacco Co. v. McElweeSupreme Court of North Carolina · 1887
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3Cited by8 opinions
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- Cover v. . McAdenSupreme Court of North Carolina · 1922
- State v. . PorteeSupreme Court of North Carolina · 1931
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- State v. BurnoSupreme Court of North Carolina · 1931
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