Rush v. . Steed
Supreme Court of North Carolina
Civil Action tried at July Special Term, 1884, of Randolph Superior Court, before Graves, J. The plaintiff alleged that in the year 1879, he borrowed two thousand dollars of James E. Macon, the defendant’s testator, and conve}’ed a tract of land to him to secure payment of the same — the deed being in the nature of a mortgage; and that Macon agreed to recon-vey on payment of the money,and, if he sold the land for more than sufficient to pay the debt and interest, he agreed…
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Civil Action tried at July Special Term, 1884, of Randolph Superior Court, before Graves, J. The plaintiff alleged that in the year 1879, he borrowed two thousand dollars of James E. Macon, the defendant’s testator, and conve}’ed a tract of land to him to secure payment of the same — the deed being in the nature of a mortgage; and that Macon agreed to recon-vey on payment of the money,and, if he sold the land for more than sufficient to pay the debt and interest, he agreed to pay the surplus to plaintiff. Macon did sell to one Garner for $2,250, and received the money, but failed to carry out…
1Opinion of the CourtAshe, J.
The Code, § 590, declares that, upon the trial of an action, a party interested in the event shall not be examined as a witness in his own behalf, against the administrator of a deceased person, concerning a personal transaction or communication between the witness and the deceased person.
A construction was given to section 343 of the Code of Civil Procedure (of which the above section of The Code is a substantial copy), in the case of Peoples v. Maxwell, 64 N. C., 313. It was an action upon the official bond of á constable against his administrator. The plaintiff relied upon a receipt given…
2Cases cited2 opinions
- Halyburton v. DobsonSupreme Court of North Carolina · 1871
- State Ex Rel. Peoples v. MaxwellSupreme Court of North Carolina · 1870
3Cited by9 opinions
- Hussey v. . KirkmanSupreme Court of North Carolina · 1886
- Cole v. MarshSupreme Court of Iowa · 1894
- Johnson v. BeeWest Virginia Supreme Court · 1919
- Sawyer v. . GrandySupreme Court of North Carolina · 1893
- Ferebee v. . PritchardSupreme Court of North Carolina · 1893
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