Mason Ex Rel. Mason v. McCormick
Supreme Court of North Carolina
This was a Civil Action, for the recovery of land, tried in the Superior Court of Cumberland County, at Spring-Term, 1876, before his Honor, Judge Buxton. The case was decided in this Court, upon only one of the exceptions taken by the appellants in the Court below, where it was heard fully upon its merits; and the facts pertinent to the point decided here, are fully stated in the opinion of the Court.
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This was a Civil Action, for the recovery of land, tried in the Superior Court of Cumberland County, at Spring-Term, 1876, before his Honor, Judge Buxton. The case was decided in this Court, upon only one of the exceptions taken by the appellants in the Court below, where it was heard fully upon its merits; and the facts pertinent to the point decided here, are fully stated in the opinion of the Court. To the reception of certain evidence offered by the plaintiff, the defendants objected ; and* upon the evidence being allowed to be introduced by his Honor, the defendants excepted and appealed.
1Opinion of the CourtRodman, J.
This action was brought by the present plaintiff, who was then an infant, but at the time of the trial of full age, by his next friend, Foster Mason, who is surety to the prosecution bond, against Duncan McCormick, who was deceased at the time of the trial. The present defendants are his heirs, having been made parties since his death.
Foster Mason was allowed, after objection by defendants, to testify to a conversation between him and the deceased ancestor of the defendants, in which the deceased said: “ What did you enter so much land for ? There was not as much, as you entered, and you…
2Cited by18 opinions
- McLeary v. . NormentSupreme Court of North Carolina · 1881
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- Rabil v. . FarrisSupreme Court of North Carolina · 1938
- Rabil v. FarrisSupreme Court of North Carolina · 1938
- Traders National Bank v. Lawrence M'f'g Co.Supreme Court of North Carolina · 1887
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