Gidney v. . Moore
Supreme Court of North Carolina
Special Proceeding to sell' land for assets transferred, on issues raised, and heard at Fall Term, 1881, of Cleaveland Superior Court, before Avery, J. J. L. Moore in his life-time -entered iuto a contract with one Wilson for the purchase from him of a tract of land and gave his note therefor in the sum of $1,410.36, bearing date on January 1st, 1867, and of which he paid the larger portion previous to his death in 1874. The plaintiff, his administrator, has since discharged…
Read the full summary
Special Proceeding to sell' land for assets transferred, on issues raised, and heard at Fall Term, 1881, of Cleaveland Superior Court, before Avery, J. J. L. Moore in his life-time -entered iuto a contract with one Wilson for the purchase from him of a tract of land and gave his note therefor in the sum of $1,410.36, bearing date on January 1st, 1867, and of which he paid the larger portion previous to his death in 1874. The plaintiff, his administrator, has since discharged the residue of the debt and caused the land to be conveyed to himself in his representative capacity. The estate being…
1Opinion of the CourtSmith, C. J.
The exceptions presented in the record are to the rulings in the admission and rejection of evidence and to the denial of instructions asked to be given to the jury-
1. The defendant was allowed to prove declarations made by the intestate before his purchase that he had moneys belonging to his wife’s separate estate and proposed to invest them in the “ Wilson land,” and while in possession after his contract of purchase that he had paid for it out of her separate estate; that her father had given her $1,500 which he had been allowed to use in consequence of an understanding with her to buy the…
2Cases cited7 opinions
- Mulholland v. . YorkSupreme Court of North Carolina · 1880
- Roberts v. . RobertsSupreme Court of North Carolina · 1880
- Bridgers v. . BridgersSupreme Court of North Carolina · 1873
- Murphy v. RaySupreme Court of North Carolina · 1875
- Shields v. . SmithSupreme Court of North Carolina · 1878
2 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Shaffer v. GaynorSupreme Court of North Carolina · 1895
- State v. JonesSupreme Court of North Carolina · 1977
- Jones v. . CallSupreme Court of North Carolina · 1885
- State v. CumberSupreme Court of North Carolina · 1971
- Smith v. PerdueSupreme Court of North Carolina · 1963
11 more not listed; retrieve them via the Exa API.