Tyner v. Barnes.
Supreme Court of North Carolina
ActioN by Gr. W. Tyner against Joseph Barnes and others, beard by Judge T. J. 8haw and a jury, at tbe January Term, 1906, of tbe Superior Court of Noe.thamptoN. There was evidence tending to show that on 22 January, 1900, the plaintiff sold and conveyed to Joseph Barnes a tract of land in Northampton County, and- Joseph Barnes at the same time executed to the plaintiff a mortgage to secure the purchase-money.
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ActioN by Gr. W. Tyner against Joseph Barnes and others, beard by Judge T. J. 8haw and a jury, at tbe January Term, 1906, of tbe Superior Court of Noe.thamptoN. There was evidence tending to show that on 22 January, 1900, the plaintiff sold and conveyed to Joseph Barnes a tract of land in Northampton County, and- Joseph Barnes at the same time executed to the plaintiff a mortgage to secure the purchase-money. The plaintiff failed at the time to have the mortgage recorded; that on 12 January, 1901, Joseph Barnes executed to the defendant D. C. Barnes, trustee, a deed of trust on the same tract…
1Opinion of the Court
IIoke; J.,
after stating the case: The only objection to the validity of this trial, urged upon our attention by the appellant, was to a certain portion of the plaintiff’s testimony in which he gave a conversation between the plaintiff and Joseph Barnes, as follows: “Barnes told me that Bicks had said to him that lie (Bicks) had found out the plaintiff’s mortgage was not recorded, and that if Barnes would give him a mortgage he (Bicks) would cut the plaintiff out of his money.” The objection being that this was a declaration of Barnes, not, in the presence of Bicks and after Barnes had…
2Cases cited2 opinions
- McKinnon v. . MorrisonSupreme Court of North Carolina · 1889
- State v. . BallardSupreme Court of North Carolina · 1878
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