McCanless v. Reynolds
Supreme Court of North Carolina
Civil actioN, in tbe nature of Mjcotment, tried before Cloud, J., at Spring. Term, 1875, of the Superior Court of Eoesyti-ee County. The following is, substantially, the statement of the ease sent up as a part of the record, upon appeal to this court: The plaintiff claimed the loous in quo as a purchaser at an execution sale, the execution having been issued in his own behalf.
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Civil actioN, in tbe nature of Mjcotment, tried before Cloud, J., at Spring. Term, 1875, of the Superior Court of Eoesyti-ee County. The following is, substantially, the statement of the ease sent up as a part of the record, upon appeal to this court: The plaintiff claimed the loous in quo as a purchaser at an execution sale, the execution having been issued in his own behalf. The defendant claimed the same under a deed from one Richard Cox, the defendant in said execution, dated prior to the sheriff’s deed to the plaintiff. The plaintiff alleged, that the loous in quo was conveyed to the…
1Opinion of the CourtPeaRSON, C. J.
There is no error in the charge. It was not calculated to mislead, but, on the contrary, directed .the minds of the jury to the very point on which the case turned, to-wit: Did the deed of Cox convey to the defendant more land than was embraced by the original contract of purchase at the price of $1,500, with an intent thereby to benefit said Cox, at the expense of his other creditors ? This was fairly left to the jury, and the verdict is in favor of the defendant.
We think there is error in permitting the defendant to testify as to conversations and transactions with Cox, who was dead at the…
2Cases cited1 opinion
- Murphy v. RaySupreme Court of North Carolina · 1875
3Cited by21 opinions
- Smith v. Moore.Supreme Court of North Carolina · 1906
- McLeary v. . NormentSupreme Court of North Carolina · 1881
- Bailey v. WestmorelandSupreme Court of North Carolina · 1960
- In Re Will of BrownSupreme Court of North Carolina · 1932
- Pepper v. . BroughtonSupreme Court of North Carolina · 1879
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