Legal Opinion

Mason v. . McCormick

Supreme Court of North Carolina

Decided January 5, 1879PublishedCited by 7 opinions

Civil Action -to recover Land tried at Fall Term, 1877, of Bladen Superior Court,, before Moore, J. That part of the case applicable to the point decided is as follows; To establish the location of the land as claimed by plaintiff under certain grants, Foster Mason was allowed to testify what Duncan McCormick told- him while owner of the land, and what were- the comers as pointed- out to him.

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Civil Action -to recover Land tried at Fall Term, 1877, of Bladen Superior Court,, before Moore, J. That part of the case applicable to the point decided is as follows; To establish the location of the land as claimed by plaintiff under certain grants, Foster Mason was allowed to testify what Duncan McCormick told- him while owner of the land, and what were- the comers as pointed- out to him. Defendant objected to the evidence on the ground that McCo-rmiek was dead, and that defendant was his devi-see of the land in dispute, and that the witness was interested in the event of the action…

1Opinion of the Court

Smith, 0. J.

When this canse was before the -court at-June term, 1876, it was decided that Alexander Mason, a ■surety to the prosecution bond, was incompetent as:a wit-mess for the plaintiff to testify to a ’Conversation with Dun■can McCormick, under whom the present defendants claim title as his devisees. At the last trial, on motion of plaintiff’s counsel, the prosecution bond was allowed to be withdrawn and cancelled and another substituted in its place. The interest of the witness, as surety, being thus removed, he was permitted after objection from defendant’s counsel to give in evidence…

2Cases cited2 opinions

  1. Mason Ex Rel. Mason v. McCormickSupreme Court of North Carolina · 1876
  2. Peebles v. . StanleySupreme Court of North Carolina · 1877

3Cited by7 opinions

  1. Patterson v. McCormickSupreme Court of North Carolina · 1919
  2. Traders National Bank v. Lawrence M'f'g Co.Supreme Court of North Carolina · 1887
  3. Patterson v. . McCormickSupreme Court of North Carolina · 1919
  4. Hampton v. . HardinSupreme Court of North Carolina · 1883
  5. Owens v. . PhelpsSupreme Court of North Carolina · 1885

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