Tuttle v. . Rainey
Supreme Court of North Carolina
This is a civil action, which was tried before Boykin, Judge, at February Term, 1887, of Forsyti-i Superior Court. Patrick Rainey"died intestate in November 1884, in possession of a tract of land in Forsyth county, without issue, and the parties to this action aré his heirs-at-law.
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This is a civil action, which was tried before Boykin, Judge, at February Term, 1887, of Forsyti-i Superior Court. Patrick Rainey"died intestate in November 1884, in possession of a tract of land in Forsyth county, without issue, and the parties to this action aré his heirs-at-law. The complaint states that the land belonged to one Thomas Rainey, a brother of the intestate, and that he conveyed it to the latter by a deed, in form to pass an estate in fee, which has not been registered, and is lost or destroyed, if not suppressed by the defendant Virgil Rainey, into whose hands, as…
1Opinion of the Court
Smith, C. J.,
(after stating the case). The admission of this declaration was resisted, as not constituting a part of the res gestee, but was allowed, and defendants excepted.
An > exception similar to that first adverted to was made to the testimony of the plaintiff E. Ii. Rainey, as to the authenticity of a letter purporting to come from Thomas Rainey, based upon the same alleged want of qualification in the former witness, and whose knowledge of the handwriting was acquired in like manner. It was again objected to, that Mrs. Moore, present when the remark was made, was allo'wed tó repeat the…
2Cited by14 opinions
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- In Re Will of BartlettSupreme Court of North Carolina · 1952
- Fuller v. . FoxSupreme Court of North Carolina · 1888
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