Carroll v. . Smith
Supreme Court of North Carolina
Appeal by defendants from Wcurd, J., at May Term, 1912, of SAMPSON. This is an action to recover a tract of land of 37 acres, wbicb tbe plaintiffs claim Henry. Carroll, from whom the defendants derive their title by devise, conveyed, by deed to their ancestor, Albert Carroll, and the only issue in controversy is as to the delivery of the deed.
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Appeal by defendants from Wcurd, J., at May Term, 1912, of SAMPSON. This is an action to recover a tract of land of 37 acres, wbicb tbe plaintiffs claim Henry. Carroll, from whom the defendants derive their title by devise, conveyed, by deed to their ancestor, Albert Carroll, and the only issue in controversy is as to the delivery of the deed. Tbe deed was probated but not registered, and there was evidence that it was delivered to tbe grantee at tbe time it was signed and placed by him in bis trunk. After tbe death of Henry Carroll, tbe deed was found in bis trunk with other papers. ' Lillie…
1Opinion of the CourtAlleN, J.
Tbe evidence of tbe widow was objected to under section 1631 of the Eevisal, but she did not testify to a communication or transaction "with tbe deceased (Johnson v. Cameron, 136 N. C., 243) nor was her evidence against tbe personal representative of tbe deceased or against any one claiming under tbe deceased. Bunn v. Todd, 107 N. C., 267.’ She simply told what she saw, and against one claiming under Henry Carroll and not under Albert Carroll.
"We can see no objection to tbe evidence of George Melvin, and none is shown in tbe brief. He is not a party to tbe action, has no pecuniary interest in…
2Cases cited3 opinions
- Bunn v. . ToddSupreme Court of North Carolina · 1890
- Johnson v. Cameron.Supreme Court of North Carolina · 1904
- Tuttle v. . RaineySupreme Court of North Carolina · 1887
3Cited by12 opinions
- In Re Will of HarrisonSupreme Court of North Carolina · 1922
- Brown v. . AdamsSupreme Court of North Carolina · 1917
- Union Central Life Insurance v. CordonSupreme Court of North Carolina · 1935
- In Re Will of MannSupreme Court of North Carolina · 1926
- Roberson v. SwainSupreme Court of North Carolina · 1952
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