Bryant v. . Bryant
Supreme Court of North Carolina
ActioN tried before Guión, J., and a jury at May Special Term, 1919, •of Bertie. Plaintiff C. E. Bryant brought suit against his. brother, A. 0. Bryant, to establish a parol trust.
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ActioN tried before Guión, J., and a jury at May Special Term, 1919, •of Bertie. Plaintiff C. E. Bryant brought suit against his. brother, A. 0. Bryant, to establish a parol trust. He alleged that the administrator of the •estate of his father filed a petition to sell the land in controversy to make assets; that a sale was ordered and the land was advertised for ■sale during the year 1887, and that the plaintiff, 0. E. Bryant, and the ■defendant, A. 0. Bryant, desiring to own said land together, agreed that A. C. Bryant should attend the public sale at the courthouse door in "Windsor, N. 0.,…
1Opinion of the Court
Walker, J.,
after stating the case: We need consider only one question, and that is the competency of the letter addressed by Mrs. Futrell to the plaintiff’s son. This, in our opinion, was hearsay, and therefore should not have been admitted. It was also prejudicial. The letter was not competent because Mrs. Futrell was not sworn as a witness and was not even present at the trial. It was written to the plaintiff’s son, a third party, and was, therefore, a transaction between persons who were not parties to the cause or interested therein, and who were not witnesses. Plaintiff says it was…
2Cases cited3 opinions
- Johnson v. RailroadSupreme Court of North Carolina · 1906
- Doe on Dem. of McLenan v. ChisholmSupreme Court of North Carolina · 1870
- Patton v. . PorterSupreme Court of North Carolina · 1856
3Cited by6 opinions
- Service Fire Insurance v. Horton Motor Lines, Inc.Supreme Court of North Carolina · 1945
- Stanley v. . Lumber CoSupreme Court of North Carolina · 1922
- American Trust Co. v. United Cash Store Co.Supreme Court of North Carolina · 1927
- Stanley v. Whiteville Lumber Co.Supreme Court of North Carolina · 1922
- Vaughn v. TysonCourt of Appeals of North Carolina · 1972
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