Gidney v. . Logan
Supreme Court of North Carolina
Civil ActiÓN, removed from Cleaveland and tried at Spring Term, 1878, of GastoN Superior Court, before Cox,J. The plaintiff alleged that be was in possession of a stock of goods by virtue of a deed of trust executed to bim by James W. Ware for tbe benefit of bis creditors, and that be was endeavoring to carry out tbe purposes of tbe trust in good faitb; that said goods so possessed by bim were wrongfully seized by tbe defendants and converted to their own use.
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Civil ActiÓN, removed from Cleaveland and tried at Spring Term, 1878, of GastoN Superior Court, before Cox,J. The plaintiff alleged that be was in possession of a stock of goods by virtue of a deed of trust executed to bim by James W. Ware for tbe benefit of bis creditors, and that be was endeavoring to carry out tbe purposes of tbe trust in good faitb; that said goods so possessed by bim were wrongfully seized by tbe defendants and converted to their own use. Tbe plaintiff claimed damages for tbe alleged trespass. Tbe defendants answered that said possession was by virtue of a pretended…
1Opinion of the Court
Fair cloth, J,
1. Is John Ware, son, heir at law and dis-tributee of the trustor, a competent witness for the creditor to impeach the deed after his father’s death, it being established that the estate of his father, the trustor, is insolvent ?' At common law one who had a direct legal interest in the event of a suit was thereby disqualified as a witness on the side of his interest. Under this rule, a child whilst his father is living is a competent witness on either side in regard to his father’s estate, because his interest therein is a mere "expectancy, and could not be enforced in a Court…
2Cases cited1 opinion
- Kirby v. MastenSupreme Court of North Carolina · 1874
3Cited by2 opinions
- Perry v. . JacksonSupreme Court of North Carolina · 1881
- Kirby v. . MastenSupreme Court of North Carolina · 1874