Den Ex Dem. Pickett v. Pickett
Supreme Court of North Carolina
Ejectment, tried at Duplin on tlie last circuit, before his Honor Judge Strange. “ The lessor of the plaintiff claimed under an execu- “ tion sale against one James Pickett, the father of the “ defendant, who had previously made a deed of bar* “ gain and sale to the defendant for the same land— “ which deed the lessor of the plaintiff alleged to be frau- “ dulent.
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Ejectment, tried at Duplin on tlie last circuit, before his Honor Judge Strange. “ The lessor of the plaintiff claimed under an execu- “ tion sale against one James Pickett, the father of the “ defendant, who had previously made a deed of bar* “ gain and sale to the defendant for the same land— “ which deed the lessor of the plaintiff alleged to be frau- “ dulent. The defendant contended that his deed was “ not fraudulent, and that if it was, he had been in the “ undisturbed adverse possession of the land under it, “ for more than seven years, and had thereby rendered “ perfect a title which…
1Opinion of the Court
Rumie, Judge.
The general rule of evidence is, that the declarations of one person cannot be heard against another. Ho who offers them must bring the case within some established exception. Commonly, the declara-rations of a deceased occupier of land, made while he occupied, as to the particular person under whom he held, are evidence to show the tenancy. They 'are miited from nec ess if y. And it is deemed safe to admit hem, because they are against 1i>e inferes! oí the person making them, since f.hey subject 'him to tlie action of tlie land loi’d-for the rent, and for the. recovery of the…
2Cited by6 opinions
- Seals v. SealsSupreme Court of North Carolina · 1914
- Seals v. . SealsSupreme Court of North Carolina · 1914
- State v. RaySupreme Court of North Carolina · 1950
- State v. ToddSupreme Court of North Carolina · 1960
- Hatton v. . DewSupreme Court of North Carolina · 1814
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