Gregg v. . Hill
Supreme Court of North Carolina
Civil Action tried at Fall Term, 1878, of Guit.eord Superior Court, before Kerr, J. The plaintiffs allege that in the year 1853 Andrew Weath-erly, then owning a lot of land in Greensboro, for the sum of $2,000 sold and conveyed the same by deed directly to the plaintiff, Mary D., then the wife of 1). P. Gregg, or to the plaintiff, Elizabeth Harwood, his trustee for her separate use, and that payment therefor was made out of funds belonging to her separate estate, and that…
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Civil Action tried at Fall Term, 1878, of Guit.eord Superior Court, before Kerr, J. The plaintiffs allege that in the year 1853 Andrew Weath-erly, then owning a lot of land in Greensboro, for the sum of $2,000 sold and conveyed the same by deed directly to the plaintiff, Mary D., then the wife of 1). P. Gregg, or to the plaintiff, Elizabeth Harwood, his trustee for her separate use, and that payment therefor was made out of funds belonging to her separate estate, and that the deed, without having been registered, is lost. The object of the action is to set up the deed and recover possession…
1Opinion of the CourtSmith, C. J.
(After stating the case.) Several issues were prepared and submitted to the jury, all of which may be resolved into the simple inquiry — to whom was the deed made?
On the trial the depositions of the plaintiff, Elizabeth, and the defendant, Weatherly, were offered in evidence for the plaintiffs, and the rejection of portions of the testimony of the latter furnish the only exception we deem it necessary to notice. The excluded evidence is of the act of tlie witness himself in executing the deed, which His Honor deemed inadmissible as relating to a transaction between the witness and a deceased…
2Cases cited1 opinion
- McCanless v. ReynoldsSupreme Court of North Carolina · 1876
3Cited by2 opinions
- McLeary v. . NormentSupreme Court of North Carolina · 1881
- Halliburton v. . CarsonSupreme Court of North Carolina · 1888