Marcom v. . Adams
Supreme Court of North Carolina
Civil ACTION tried at April Term, 1897, of Waice County Superior Court, before Adams, J., and a jury. This action was commenced before a Justice of the Peace for the recovery of $12.85. The defendant admitted plaintiff’s account and plead a counter claim for five and five-sixteenths acres of land, sold to A. S. Pollard, plaintiff’s intestate, at $12.50 per acre, and posts 'of the value of $1.75. The plaintiff denies counter-claim for land.
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Civil ACTION tried at April Term, 1897, of Waice County Superior Court, before Adams, J., and a jury. This action was commenced before a Justice of the Peace for the recovery of $12.85. The defendant admitted plaintiff’s account and plead a counter claim for five and five-sixteenths acres of land, sold to A. S. Pollard, plaintiff’s intestate, at $12.50 per acre, and posts 'of the value of $1.75. The plaintiff denies counter-claim for land. The case was taken to the Superior Court by appeal from the Justice’s judgment. It was in evidence that the land conveyed to said A. S. Pollard had been…
1Opinion of the Court
Clakk, J.:
The plaintiff objected to the defendant’s showing that the recital of payment in a deed introduced by himself was untrue. His Honor remarked to counsel for defendant, “The plaintiff seems to have put you in a hole. I would be glad to help you if I could. ” The remark was excepted to by the defendant and was objectionable under the Act of 1796 (now Section 413 of The Code) which forbids any expression upon the weight of the evidence. Besides, the evidence was admissible, for the acknowledgement in a deed of the payment of the purchase money is not contractual but is merely a receipt…
2Cases cited8 opinions
- Barbee v. . BarbeeSupreme Court of North Carolina · 1891
- State v. TraylorSupreme Court of North Carolina · 1897
- State v. . BullardSupreme Court of North Carolina · 1888
- Shaw v. . WilliamsSupreme Court of North Carolina · 1888
- Heilig v. . DumasSupreme Court of North Carolina · 1871
3 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- State v. . HollySupreme Court of North Carolina · 1911
- State v. CanipeSupreme Court of North Carolina · 1954
- Grant v. PendleyTexas Commission of Appeals · 1931
- Johnson v. MassengillSupreme Court of North Carolina · 1972
- State v. . NanceSupreme Court of North Carolina · 1928
16 more not listed; retrieve them via the Exa API.