Davie v. Atkinson

Cureton, Judge:

This action was commenced by the Davie heirs to impress a constructive trust upon certain real property owned by the Atkinson heirs. The parties had agreed at a pre-trial conference that certain testimony of Hider Davie, one of the plaintiffs to the action, was essential to establishing the trust relationship with the Atkinson heirs’ deceased ancestor. At trial, the judge ruled that this testimony was barred by the Dead Man’s Statute, and granted a Motion for Involuntary Nonsuit. The Davie heirs appeal. We affirm.

The parties to this action have a common ancestor, Thomas Wells,…