Carey v. . Carey
Supreme Court of North Carolina
Evidence — Transaction and Communication with Deceased Persons. This is a civil ACTION, which was tried before Shipp, J., at November Term, 1888, of Granville Superior Court.
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Evidence — Transaction and Communication with Deceased Persons. This is a civil ACTION, which was tried before Shipp, J., at November Term, 1888, of Granville Superior Court. The following is so much of the case settled on appeal as need be reported : “ Plaintiff alleged that he was father of Simeon Carey, deceased, husband of the defendant Jennie, and father of the infant defendants; that prior to his death, Simeon and the plaintiff purchased from one D. W. Wheeler the tract of land, the subject of this action, but as a matter of convenience the deed thereto was made to Simeon alone; that…
1Opinion of the CourtMerrimon, C. J.
— after stating the facts: It has been decided in many cases, that the leading, if not the only, purpose of the statute (The Code, § 590) is to render incompetent a person of the several classes therein specified, to be a witness upon the trial of an action, or the hearing upon the merits of a special proceeding, “ in his own behalf or interest, or in behalf of the party succeeding to his title or interest, against the executor, administrator or survivor of a deceased person, or the committee of a lunatic, or a person deriving his title or interest from, through or under a deceased person or…
2Cases cited6 opinions
- Halyburton v. DobsonSupreme Court of North Carolina · 1871
- Lockhart v. . BellSupreme Court of North Carolina · 1884
- Sikes v. . ParkerSupreme Court of North Carolina · 1886
- Ballard v. . BallardSupreme Court of North Carolina · 1876
- Waddell v. . SwannSupreme Court of North Carolina · 1884
1 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- State Ex Rel. Wilder v. MedlinSupreme Court of North Carolina · 1939
- Sherrill v. . WilhelmSupreme Court of North Carolina · 1921
- Watts v. . WarrenSupreme Court of North Carolina · 1891
- Barton v. . BartonSupreme Court of North Carolina · 1926
- White v. . EvansSupreme Court of North Carolina · 1924
2 more not listed; retrieve them via the Exa API.