Withrow v. . Biggerstaff
Supreme Court of North Carolina
Ejectment .tried at Spring Term, 1882, of Rutherford Superior Court, before Gudger, J. Both parties claim title under Jason PI. Withrow.
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Ejectment .tried at Spring Term, 1882, of Rutherford Superior Court, before Gudger, J. Both parties claim title under Jason PI. Withrow. The plaintiff offered in evidence a deed from said Jason to himself, dated June 15, 1882, for one half interest in the land in dispute, which was admitted to probate on the 24th of September, 1877. For the purpose of estopping the defendant, and for no other purpose, the plaintiff offered in evidence a deed from, said Jason and wife to the defendant, dated December 7, 1872, for the same land, which was admitted to probate on the day of its date, and…
1Opinion of the CourtAshe, J.
The only exception taken by the plaintiff on the trial was to the admission in evidence of the deed from Jason H. Withrow to his wife, and that presents the only question for our determination.
Our opinion is the deed was improperly admitted. It was irrelevant testimony and should have’been excluded upon the principle of res inter alios actse. His Honor was probably controlled in his ruling by the decision in Brink v. Black, 77 N. C., 59, but that case cannot be relied upon as authority for the ruling in this case. That decision was an exception to the rule of res inter alios actm and wa3…
2Cases cited1 opinion
- Brink v. . BlackSupreme Court of North Carolina · 1877
3Cited by2 opinions
- Loftin v. Hill.Supreme Court of North Carolina · 1902
- Winborne v. . LassiterSupreme Court of North Carolina · 1883