Smith v. . Smith
Supreme Court of North Carolina
This was a civil action, brought for the purpose of setting aside a certain deed and certain bills 'of sale made by one H. C. Smith, deceased, to Ms wife, M. 0. Smith, on the grouuds of fraud and undue influence, tried at February Term, 1895, of the Superior Court of Columbus county, before Norwood, Judge, and a jury.
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This was a civil action, brought for the purpose of setting aside a certain deed and certain bills 'of sale made by one H. C. Smith, deceased, to Ms wife, M. 0. Smith, on the grouuds of fraud and undue influence, tried at February Term, 1895, of the Superior Court of Columbus county, before Norwood, Judge, and a jury. On the trial the defendants introduced, as witness, one R. R. Bellamy, who testified as follows: “I reside in 'Wilmington; am a druggist; I have known H. C. Smith for (9) years ; I sold him goods during that time ; I saw him three or four times a year, sold him goods when he…
1Opinion of the Court
Avery, J.:
Having stated that he had opportunity to judge of the mental capacity of the grantor, whose deed the plaintiffs seek to set aside for undue influence and fraud, the witness Bellamy, though not an expert, was competent to express the opinion, founded upon association with the grautor, that it “was good.” Clary v. Clary, 2 Ired., 78. No objection was made by the plaintiff to that or the further testimony that he “was a good business man —clear-headed and very accurateand “was a man of great will power.” But, conceding that he was competent to show both the mental condition and the…
2Cases cited1 opinion
- Armor v. StateSupreme Court of Alabama · 1879
3Cited by15 opinions
- Marks v. Cotton Mills.Supreme Court of North Carolina · 1904
- Tillett v. Norfolk & Western R. R.Supreme Court of North Carolina · 1896
- Whitaker v. . HamiltonSupreme Court of North Carolina · 1900
- In re Will of TatumSupreme Court of North Carolina · 1951
- Deppe v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1911
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