In re Foreclosure of a Deed of Trust Executed by Helms
Court of Appeals of North Carolina
1Opinion of the Court
VAUGHN, Judge.
Respondent-mortgagors make several assignments of error. They first contend the trial court erred in admitting into evidence photocopies of the promissory note and deed of trust. They argue that under the “best evidence” rule, the originals should have been required. We disagree.
The rationale behind the “best evidence” rule is that the original instrument best identifies its own contents. 2 Stansbury, N.C. Evidence § 190 (Brandis rev. 1973). When the opposing party, however, admits that the documents shown him are correct copies of the original, the original need not be…
2Cases cited6 opinions
- In Re the Foreclosure of a Certain Deed of Trust From WattsCourt of Appeals of North Carolina · 1978
- In Re the Foreclosure of the Deed of Trust of BurgessCourt of Appeals of North Carolina · 1980
- Beard v. . R. R.Supreme Court of North Carolina · 1906
- Golf Vistas, Inc. v. Mortgage InvestorsCourt of Appeals of North Carolina · 1978
- In re the Foreclosure of the Deed of Trust Executed by Lorraine Corp.Court of Appeals of North Carolina · 1979
1 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Matter of Foreclosure of Trust by GoforthSupreme Court of North Carolina · 1993
- In Re the Foreclosure of a Deed of Trust Executed by AdamsCourt of Appeals of North Carolina · 2010
- In Re FortescueCourt of Appeals of North Carolina · 1985
- In Re DiCelloUnited States Bankruptcy Court, E.D. North Carolina · 1987
- In re Foreclosure of Real Property Under Deed of Trust from YoungCourt of Appeals of North Carolina · 2013
15 more not listed; retrieve them via the Exa API.