Gilbert v. . James
Supreme Court of North Carolina
Civil Action tried at Fall Term, 1881, of Alexander Superior Court, before Seymour, J. Solomon Martin died intestate in 1862, owning the tract of land described in the complaint, leaving a widow, Rebecca, and four children, Nancy, wife of G. C. Meadows, of full age, and Abraham, Franklin and Mary, infants, to whom, as heirs at law and subject to dower, the said land descended. Franklin left the state in 1872, and never since being heard from is supposed to be dead.
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Civil Action tried at Fall Term, 1881, of Alexander Superior Court, before Seymour, J. Solomon Martin died intestate in 1862, owning the tract of land described in the complaint, leaving a widow, Rebecca, and four children, Nancy, wife of G. C. Meadows, of full age, and Abraham, Franklin and Mary, infants, to whom, as heirs at law and subject to dower, the said land descended. Franklin left the state in 1872, and never since being heard from is supposed to be dead. On March 23d, 1871, Meadows and wife and. Abraham Martin conveyed their respective shares, constituting an undivided moiety to…
1Opinion of the Court
Smith, C. J.,
after stating the foregoing facts. With this succinct narrative of facts, and of the action of the court, we proceed to consider and dispose of the exceptions shown in the record.
1. The defendant proposed to prove by a witness that the deceased attorney, J. A. Stephenson, in his life-time asked witness to become guardian to the infants, Franklin and Mary, and receive their share of the proceeds of sale, and that in the conversation he stated he was their attorney. This evidence, on objection, was rejected for incompetency. The declaration, as evidence of an antecedent…
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