Ferebee v. Hinton
Supreme Court of North Carolina
This was a civil action, tried before MacRae, J., at Fall Term, 1888, of Camden Superior Court. The plaintiffs are the devisees of Sarah Ferebee, who executed a will in 1875, and died in 1886. They allege that the said Sarah, being of unsound mind and incompetent to transact business of any kind, was induced to sign a deed of trust, conveying the devised land to C. L. Hinton to secure certain debts due by her husband to John L. Hinton; that she was also induced to sign notes…
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This was a civil action, tried before MacRae, J., at Fall Term, 1888, of Camden Superior Court. The plaintiffs are the devisees of Sarah Ferebee, who executed a will in 1875, and died in 1886. They allege that the said Sarah, being of unsound mind and incompetent to transact business of any kind, was induced to sign a deed of trust, conveying the devised land to C. L. Hinton to secure certain debts due by her husband to John L. Hinton; that she was also induced to sign notes representing said indebtedness to said John L. Hinton; that the said indebtedness was not contracted by her for her…
1Opinion of the CourtShepherd, J.
(after stating the case). The first, fourth, fifth and sixth exceptions may be considered together, as the}r substantially involve the same question, viz.: Whether it was competent to receive testimony to impeach the probate of a deed, and whether the deed was void as to the wife, if the Clerk of the Superior Court of Camden County took her privy examination in the State of Virginia. As this was an action brought directly for the purpose of impeaching the probate, there can be no doubt as to the admissibility of the testimony. It is unnecessary to cite authority in support of such a plain…
2Cases cited2 opinions
- Young v. . JacksonSupreme Court of North Carolina · 1885
- Ware v. . NesbitSupreme Court of North Carolina · 1886
3Cited by6 opinions
- State v. ScottSupreme Court of North Carolina · 1921
- State v. . ScottSupreme Court of North Carolina · 1921
- Long v. . CrewsSupreme Court of North Carolina · 1893
- Stewart v. . CarySupreme Court of North Carolina · 1941
- Stewart v. CarySupreme Court of North Carolina · 1941
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