Loftin v. . Loftin
Supreme Court of North Carolina
This was a civil ACTION, tried before Shepherd, Judge, at Fall Term, 1886, of the Superior Court of Gbeene county. The plaintiff alleged that about the year 1854, her father, Wm.
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This was a civil ACTION, tried before Shepherd, Judge, at Fall Term, 1886, of the Superior Court of Gbeene county. The plaintiff alleged that about the year 1854, her father, Wm. Gooding, placed in her hands, with the knowledge and consent of her then husband, Lewis M. Loftin, about $450, in trust, to invest the same in the land mentioned in the complaint; that the purchase of said land was made by her, through her husband, who paid the money, but through ignorance or mistake, took the deed therefor to himself in fee; that her husband acknowledged the mistake, professed his willingness to…
1Opinion of the Court
Davis, J.,
(after stating the facts). The exception to the testimony of the plaintiff, upon the ground that it was not admissible under §590 of The Code, cannot be sustained. It was no personal transaction or,, communication between the witness and any deceased person of the class mentioned in this section. She derived no title or interest 'from, through, or under William Gooding, nor did any party in any way interested in this suit, derive any such title or interest through him. She did not testify to any transaction or communication with Lewis M. Loftin or Durant Jackson. No title is derived…
2Cases cited3 opinions
- Ely v. . EarlySupreme Court of North Carolina · 1886
- Halyburton v. DobsonSupreme Court of North Carolina · 1871
- Ballard v. . BallardSupreme Court of North Carolina · 1876
3Cited by13 opinions
- Cross v. AbySupreme Court of Florida · 1908
- Hemphill v. . HemphillSupreme Court of North Carolina · 1888
- Bergeron v. Pamlico Insurance & Banking Co.Supreme Court of North Carolina · 1892
- Carswell v. Greene Ex Rel. GreeneSupreme Court of North Carolina · 1960
- Kornegay v. . EverettSupreme Court of North Carolina · 1888
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