Weinstein & Bro. v. Patrick
Supreme Court of North Carolina
Special Proceeding, instituted in the Probate Court of Greene County, to sell land for assets, and transferred to the Superior Court of said County, and there tried before his Honor, Judge Seymour, at Spring Term, 1876. The petition was filed against Patrick, the administrator of the deceased debtor, and against others, who it was alleged, bad received the land attempted to be sold, under a fraudulent conveyance, and who bad conveyed the same by like conveyance.
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Special Proceeding, instituted in the Probate Court of Greene County, to sell land for assets, and transferred to the Superior Court of said County, and there tried before his Honor, Judge Seymour, at Spring Term, 1876. The petition was filed against Patrick, the administrator of the deceased debtor, and against others, who it was alleged, bad received the land attempted to be sold, under a fraudulent conveyance, and who bad conveyed the same by like conveyance. Issues as to the alleged fraud being raised, it was sent to the Superior Court for trial. On the trial in the Court below, it…
1Opinion of the CourtReade, J.
It is clear that under C. C. P., sec. 343, Marshall Stilly could not have offered himself as a witness to speak of the transaction between him and the deceased debtor; but here he does not offer himself, but is offered by the plaintiff to prove that the transaction between the deceased debtor and himself (Marshall Stilly) under which he claims title to the land, was fraudulent against the plaintiff. It would seem that there could be no objection against allowing Marshall Stilly to be offered .to testify against his own interest. And so far his Honor was right. But he not only allowed him to…
2Cases cited1 opinion
- Redman v. . RedmanSupreme Court of North Carolina · 1874
3Cited by13 opinions
- Price v. . EdwardsSupreme Court of North Carolina · 1919
- Gulley v. . MacYSupreme Court of North Carolina · 1881
- State Bank of Wheatland v. Bagley Bros.Wyoming Supreme Court · 1932
- Tredwell v. . GrahamSupreme Court of North Carolina · 1883
- Bachelder v. BrownMichigan Supreme Court · 1882
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