Norris v. Stewart's Heirs
Supreme Court of North Carolina
This was a civil action, tried at November Term, 1889, of Harnett Superior Court, before Arm field, J. The plaintiffs complained that the defendant Stewart had, by false and fraudulent representations and pre-tences, obtained the signature of Amos Johnson, father of feme plaintiff, to a deed of conveyance to certain lands. Stewart died after suit commenced, and his heirs were made parties.
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This was a civil action, tried at November Term, 1889, of Harnett Superior Court, before Arm field, J. The plaintiffs complained that the defendant Stewart had, by false and fraudulent representations and pre-tences, obtained the signature of Amos Johnson, father of feme plaintiff, to a deed of conveyance to certain lands. Stewart died after suit commenced, and his heirs were made parties. One Rachel Johnson, widow of Amos Johnson, introduced in behalf of plaintiffs, was allowed to testify, after objection by defendants as to her competency to testify to transactions or communications other…
1Opinion of the Court
ShepheRD, J.:
1. When Rachel Johnson was introduced in behalf of the plaintiffs, her competency was objected to by the defendants. The Court overruled the objection, and the defendants excepted. Conceding that she was interested in the result of the action, it is too plain for argument that she was a competent witness, the only restriction being that she could not testify as to any transaction or communication between herself and her deceased husband. The Code, § 590. Being a competent witness, the general objection was properly overruled, and she was permitted to testify to many matters which…
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