Pope v. . Pope
Supreme Court of North Carolina
ActioN tried before Devin, J., and a jury, at March Term, 1918, of CUMBERLAND. Plaintiff sued for the recovery of several tracts of land described in Ms complaint, and specially relied on a deed of "W. B. Pope and wife to him, dated 12 December, 1881. The defendants claimed under W. B. Pope and wife and attacked their deed to the plaintiff upon the ground of duress and fraud, and in support of their allegations they alleged, and introduced evidence tending to show, that at…
Read the full summary
ActioN tried before Devin, J., and a jury, at March Term, 1918, of CUMBERLAND. Plaintiff sued for the recovery of several tracts of land described in Ms complaint, and specially relied on a deed of "W. B. Pope and wife to him, dated 12 December, 1881. The defendants claimed under W. B. Pope and wife and attacked their deed to the plaintiff upon the ground of duress and fraud, and in support of their allegations they alleged, and introduced evidence tending to show, that at the time the deed was executed on 12 December, 1881, plaintiff held a mortgage on the property for $400, which had been…
1Opinion of the Court
Walker, J.,
after stating the case: There is one fatal defect in the objection of the plaintiff to the testimony of Mrs. L. B. Raynor and Troy L. Pope. It was .taken “to all of the foregoing testimony” — -that is, to the same as a mass, and not to the separate parts thereof. Some of the testimony is plainly competent, and even if the other part is not so, the objection fails, as it did not point out the incompetent testimony or separate it from the competent testimony, and assign error only as to it. R. R. v. Mfg. Co., 169 N. C., 165, 169; S. v. Ledford, 133 N. C., 722; Bank v. Chase, 15 N.…
2Cases cited17 opinions
- Mobley v. . GriffinSupreme Court of North Carolina · 1889
- Bunn v. . ToddSupreme Court of North Carolina · 1890
- Campbell v. Everhart.Supreme Court of North Carolina · 1905
- State v. Ledford.Supreme Court of North Carolina · 1903
- Sumner v. . CandlerSupreme Court of North Carolina · 1885
12 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Hayes v. RicardSupreme Court of North Carolina · 1956
- Peek v. ShookSupreme Court of North Carolina · 1951
- Virginia-Carolina Power Co. v. TaylorSupreme Court of North Carolina · 1927
- Fidelity Bank v. Wysong & Miles Co.Supreme Court of North Carolina · 1919
- Walston v. . CoppersmithSupreme Court of North Carolina · 1929
11 more not listed; retrieve them via the Exa API.