Barker v. . Pope
Supreme Court of North Carolina
EjectmeNt tried at July Special Term, 1884, of Randolph Superior Court, before Graves, J. The plaintiff claims the land under a sale made by James A. Barker, as administrator of James Barker, deceased, of lands claimed to have belonged to James Barker, deceased, at his death, to raise assets to pay the intestate’s debts.
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EjectmeNt tried at July Special Term, 1884, of Randolph Superior Court, before Graves, J. The plaintiff claims the land under a sale made by James A. Barker, as administrator of James Barker, deceased, of lands claimed to have belonged to James Barker, deceased, at his death, to raise assets to pay the intestate’s debts. It was agreed that James Barker died January 2d, 186S, and s.aid sale was made about the year 1878, and the land in controversy purchased at said sale by one Foust, who paid the purchase money and took a deed from J. A. Barker, administrator, for said land, and thereafter…
1Opinion of the CourtAshe, J.
Both parties claimed under James Barker. The defendants, as heirs-at-law of John Pope, claimed under a deed made by Barker to Pope in the year 1857. The plaintiff insists that James Barker, at the time of executing the deed to John Pope, did not have capacity to make a deed.
The defendants, in the course of the trial, introduced one Cox who testified that he had known Barker for twenty year previous to his death in 1868; had lived in his immediate neighborhood; and that, in his opinion, he bad capacity in 1857 to make a deed. The defendants then pro posed to ask the witness, if he had ever…
2Cases cited1 opinion
- Queen v. HepburnSupreme Court of the United States · 1813
3Cited by4 opinions
- State v. . LassiterSupreme Court of North Carolina · 1926
- Whitaker v. . HamiltonSupreme Court of North Carolina · 1900
- McRae v. . MalloySupreme Court of North Carolina · 1885
- Cogdell v. Wilmington & Weldon RailroadSupreme Court of North Carolina · 1902