Williams v. . Haid
Supreme Court of North Carolina
This was a Civil action, tried before Greene, J., and a jury, at the Eall Term, 1895, of the Superior Court of New HaNovee County. The plaintiffs alleged that one Lawrence Brown, late of the city of Wilmington, county and state aforesaid, died on the 22d day of April, A. D. 1892, intestate, and that they were his only heirs-at-law.
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This was a Civil action, tried before Greene, J., and a jury, at the Eall Term, 1895, of the Superior Court of New HaNovee County. The plaintiffs alleged that one Lawrence Brown, late of the city of Wilmington, county and state aforesaid, died on the 22d day of April, A. D. 1892, intestate, and that they were his only heirs-at-law. That prior to his death, to-wi t: on the 14th day of January, A. D. 1892, the said Lawrence Brown executed to the defendant a deed, conveying certain real estate therein described and fully set out in the complaint, and that on said day the said- Lawrence Brown…
1Opinion of the Court
Faircloth, C. J.:
We dispose of this case by considering the instructions of the court upon the third issue. That issue was in these words: “ Was the said Lawrence Brown, deceased, at the time of making the said deed of sound mind and disposing memory?” which the jury answered “No.” Alter numerous witnesses were examined on the question, the court charged the jury that the burden of this issue was upon the plaintiff “ to satisfy them by a preponderance of proof that Lawrence Brown, at the time of executing the deed to the defendant, was not of such a state of mind as to comprehend the nature…
2Cases cited1 opinion
- State v. FullerSupreme Court of North Carolina · 1894
3Cited by39 opinions
- Drum v. MillerSupreme Court of North Carolina · 1904
- Edwards v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1901
- State v. Barrett.Supreme Court of North Carolina · 1903
- Edwards v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1903
- State v. MorganSupreme Court of North Carolina · 1904
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