McCullock v. Doak
Supreme Court of North Carolina
Civil action, to recover possession of land, tried before Tourgee, J., at the Spring Term, 1872, of Guilford Superior Court. The plaintiff claimed the land in controversy, under a. sale made by the sheriff of Guilford, by virtue of certain executions, regularly issued on judgments rendered in the Superior Court of said county; at which sale the plaintiff became the purchaser, and to whom the sheriff executed his deed according to law.
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Civil action, to recover possession of land, tried before Tourgee, J., at the Spring Term, 1872, of Guilford Superior Court. The plaintiff claimed the land in controversy, under a. sale made by the sheriff of Guilford, by virtue of certain executions, regularly issued on judgments rendered in the Superior Court of said county; at which sale the plaintiff became the purchaser, and to whom the sheriff executed his deed according to law. The plaintiff alleged that the title to the land sold by the sheriff, and sought now to be recovered, had been in the defendant in the executions, James-W.…
1Opinion of the CourtBoyden, J.
The first question raised in this case is as to the competency of the testimony of the witness Balsey, “ that he tried to buy a house and lot for his step-daughter before he made a deed to her.” This testimony was excluded by his Honor, and we think correctly, as it- could have no tendency whatever to prove that the conveyances from Doak to Balsey were bona fide, or for a fair consideration. But had his Honor been in error in excluding this evidence of the witness, Balsey, the error was cured, by admitting the same proof by Mrs. Balsey, which evidence was admitted to be true, as the case…
2Cases cited1 opinion
- Reiger v. . DavisSupreme Court of North Carolina · 1872
3Cited by2 opinions
- State v. JimmersonSupreme Court of North Carolina · 1896
- State v. . JimmersonSupreme Court of North Carolina · 1896