Sain v. Baker.
Supreme Court of North Carolina
Actiou by S. A. Sain, D. L. Porter, W. A. Porter, J. D. Porter, Mary C. Walsh, J. L. Walsh, J. M. Benson, S. J. Benson, Gr. W. Law, M. A. Law, Israel Mosteller and wife Barbara, Barbara Beam and Mary A. Sain against M. J. Baker and Dora S. Baker, his wife, heard by Judge E. W. Timberlahe and a jury, at December (Special) Term, 1900, of LiNConw County Superior Court. Erom a judgment for the plaintiffs, the defendants appealed.
1Opinion of the CourtGlare, J.
Tbe first exception (that the Court refused to permit a witness to be asked on cross-examination whether .). W. Leonhardt died intestate or left a will) became immaterial and need not be considered, for the defendants after-wards introduced the said will. The defendants could not have introduced the will on cross-examination in evidence. Olive v. Olive, 95 N. C., 485. The second exception was abandoned.
Daniel Leonhardt died in 1860, and by his will, bearing date the same year, he devised the first three tracts mentioned in the complaint to his son, J. Wesley Leonhardt. It was admitted in open…
2Cases cited15 opinions
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- Buchanan v. . BuchananSupreme Court of North Carolina · 1888
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- Rollins v. . KeelSupreme Court of North Carolina · 1894
- Weeks v. . WeeksSupreme Court of North Carolina · 1847
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3Cited by22 opinions
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- Patterson v. McCormickSupreme Court of North Carolina · 1919
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