McCorkle v. . Beatty
Supreme Court of North Carolina
Appeal by plaintiffs from Sink, J., at October Term, 1945, of Meck-lenbtteg. No error. Civil action' for a decree tbat under the terms of an express parol contract defendant Keith M. Beatty holds title to certain lands as trustee for plaintiffs. Here on former appeal. McCorkle v. Beatty, 225 N. 0., 178. • There are three tracts of land. Two belonged to plaintiff R. L. McCorkle and one to plaintiff Sara L. McCorkle.
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Appeal by plaintiffs from Sink, J., at October Term, 1945, of Meck-lenbtteg. No error. Civil action' for a decree tbat under the terms of an express parol contract defendant Keith M. Beatty holds title to certain lands as trustee for plaintiffs. Here on former appeal. McCorkle v. Beatty, 225 N. 0., 178. • There are three tracts of land. Two belonged to plaintiff R. L. McCorkle and one to plaintiff Sara L. McCorkle. On 9 September, 1940, they, together with E. H. McCorkle, husband of Sara, executed a trust deed conveying said property as security for the payment of a note to the Mutual…
1Opinion of the CourtBarnhell, J.
During tbe direct examination of E. H. McCorkle tbe following occurred:
“Q. Now, Mr. McCorkle, you bave made tbe statement tbat in September, 1941, you were in financial distress so tbat you could not raise tbis $315.00 to raise tbe bid or pay off tbe mortgage. May I ask you to explain to tbe jury your financial shape and tbe reason for it?
“Objection by defendants — sustained—ExceptioN No. 5.
“Couet: Tbe Court instructs you, Gentlemen of tbe Jury, tbat tbe plaintiff bad tbe legal right to request someone to make tbe advanced bid for him, or to furnish tbe money therefor, and tbe question you…
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