Cowan v. . Layburn
Supreme Court of North Carolina
Aotion for the cancellation of a deed and to recover land, tried before Boykin, J., and a jury, at September Term, 1891, of RUNDER Superior Court.
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Aotion for the cancellation of a deed and to recover land, tried before Boykin, J., and a jury, at September Term, 1891, of RUNDER Superior Court. The complaint alleged that the plaintiffs were the heirs-at-law of one Annie J. Cowan who died intestate having, about a year before her death, executed to the defendant certain lands upon the conditions that he should support her and provide for her sufficient food and raiment during her natural life and a decent burial at her death, and that in case the conditions were not complied with, the deed should be void and the land should revert to her…
1Opinion of the Court
Faibcloth, C. J.:
The only exceptions were to the competency of the .evidence of Thad Cowan and Catharine Cowan, under The Oode, Sec. 590. The former testified that “1 carried food there to her”, meaning to Ann Jane Croom; the latter, that “I went to carry her supplies. She was sickly. I was there every day. I carried her supplies. She was sickly. She had no food except what we carried. She was bad off for clothes.”
¥e see no £< conversation ” or “ transaction ” in tliis evidence, sncb as is inhibited by section 590. In fact it does not appear whether the old lady accepted or refused the food…
2Cited by3 opinions
- Davidson v. Bardin.Supreme Court of North Carolina · 1905
- Johnson v. . RichSupreme Court of North Carolina · 1896
- Moore v. PalmerSupreme Court of North Carolina · 1903