Warlick v. . White
Supreme Court of North Carolina
Evidence ~ Character — Legitimacy. ■ Civil ACTION, tried at Fall Term, 1876, of Catawba Superior Court, before Buxton, J. Tbe ease substantially states the following : E. T. Warlick the beneficial plaintiff claimed title to an undivided half of a tract of land which formerly belonged to Joseph Carpenter, deceased. Plaintiff claimed as assignee of Mrs. Catharine Eaton, the sister and only heir-at-law of said Carpenter.
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Evidence ~ Character — Legitimacy. ■ Civil ACTION, tried at Fall Term, 1876, of Catawba Superior Court, before Buxton, J. Tbe ease substantially states the following : E. T. Warlick the beneficial plaintiff claimed title to an undivided half of a tract of land which formerly belonged to Joseph Carpenter, deceased. Plaintiff claimed as assignee of Mrs. Catharine Eaton, the sister and only heir-at-law of said Carpenter. The defendant’s wife, Naomi White, before her marriage to said White, was the widow of said Carpenter and claimed title to an undivided half of said land under the will of her…
1Opinion of the Court
Rodman, J-
1. The plaintiff having introduced evidence tending to prove that Sarah, one of the defendants was illegitimate and not the heir of Joseph C arpentor, the defendant, Naomi, the mother of Sarah, was allowed to testify that she had been faithful to the said Joseph during his life and that no person but him could have been the father of the-child. To this evidence the plaintiff excepted. As the disqualification of interest does not now exist, we see no ground for the exception. It would be hard upon the defendant Naomi, if her evidence could not be heard on such a point.
2. By way of…
2Cases cited3 opinions
- The People v. . KennedyNew York Court of Appeals · 1865
- State Ex Rel. Stubblefield v. WoodruffSupreme Court of North Carolina · 1872
- Mulhado v. . Brooklyn City R.R. Co.New York Court of Appeals · 1864
3Cited by26 opinions
- State v. . TuckerSupreme Court of North Carolina · 1925
- United States v. Hung ChangCourt of Appeals for the Sixth Circuit · 1904
- Hanawalt v. StateWisconsin Supreme Court · 1885
- State v. . VincentSupreme Court of North Carolina · 1943
- Clark v. BradstreetSupreme Judicial Court of Maine · 1888
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