Blake v. . Blake
Supreme Court of North Carolina
AotioN oír EJECTMENT, tried, at October Term, 1896, of "WaKe Superior Court, before Boyl&in, A, and a jury. Defendants set up an equitable claim to the land, alleging in their answer that the deed upon which plaintiff relied was made to her mother through a mistake, and that the defendants paid for the land. The plaintiff offered in evidence the will of her mother, Minerva Blake, and also a deed of one Andrews, reciting that the purchase money was paid by her mother.
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AotioN oír EJECTMENT, tried, at October Term, 1896, of "WaKe Superior Court, before Boyl&in, A, and a jury. Defendants set up an equitable claim to the land, alleging in their answer that the deed upon which plaintiff relied was made to her mother through a mistake, and that the defendants paid for the land. The plaintiff offered in evidence the will of her mother, Minerva Blake, and also a deed of one Andrews, reciting that the purchase money was paid by her mother. The defendants testified that their father died intestate, seized of the land, and that their mother, Minerva Blake, had her…
1Opinion of the Court
Clare, J.:
The defendants were incompetent under Section 590 of The Oode to testify to any alleged personal agreement or transaction between them and the mother, now deceased, under whom the plaintiff claims. Indeed, it would be difficult to find a case falling more directly within the very words of the Statute. That the plaintiff herself is' alleged to have been a party to the agreement (which she denies), does not affect the matter, as it is not the plaintiff’s asse.nt, but the agreement of her deceased ancestor, which was sought to be shown, in order to correct the fee simple deed taken by…
2Cases cited5 opinions
- Barbee v. . BarbeeSupreme Court of North Carolina · 1891
- Halyburton v. DobsonSupreme Court of North Carolina · 1871
- Peacock v. . StottSupreme Court of North Carolina · 1884
- Armfield v. . ColvertSupreme Court of North Carolina · 1889
- Johnson v. . TownsendSupreme Court of North Carolina · 1895
3Cited by9 opinions
- In Re PetersonSupreme Court of North Carolina · 1904
- State Ex Rel. Wilder v. MedlinSupreme Court of North Carolina · 1939
- Hall v. HollomanSupreme Court of North Carolina · 1904
- Waters v. . BoydSupreme Court of North Carolina · 1920
- Sutton v. . WellsSupreme Court of North Carolina · 1917
4 more not listed; retrieve them via the Exa API.