28 N.C. 30 | N.C. | 1845
Ejectment. The plaintiff claimed title under a deed of trust made by the defendant to Jesse Harper, the lessor in one of the demises contained in the declaration. To support his title, the deed, which had been duly registered, was offered in evidence, and its reception was opposed on the ground that, before it could be read in evidence, it ought to be proved by the subscribing witnesses. The objection was overruled by the court, and the deed was read to the jury. The defendant objected to the plaintiff's recovery, for the alleged reason that the defendant at the time he executed the deed of trust was non compos mentis, and the deed, therefore, void. To sustain his objection it was alleged that, several years before, the defendant had been tried in Superior Court of Rowan upon a charge of murder, and that General Gray, on the trial, was introduced as a witness and proved his insanity; and he offered to prove, by witnesses who were present and heard General Gray examined, what he swore to. The testimony was rejected by the court, and the jury, under the charge of the presiding judge, returned a verdict for the plaintiff.
The defendant moved for a new trial, first, because the deed of trust was improperly admitted in evidence; and, secondly, because of the rejection of the evidence to show General Gray's testimony in the former trial.
The new trial was refused, and judgment being rendered against the defendant, he appealed.
The Court concurs with the presiding judge on both points. The deed of trust, so far as this case is concerned, is a conveyance of land, and, under the provisions of the act of Assembly, Rev. Stat., ch. 37, sec. 2, can be read in evidence on its registration without (32) producing the subscribing witnesses. Such has been the uniform construction given to the act by our courts, and such their uniform practice. With respect to slaves the law is different. Section 21 provides that on all trials at law for a slave, when a written transfer is offered in evidence its due and fair execution shall be proved by a subscribing witness.Andrews v. Shaw,
PER CURIAM. No error.
Cited: Wilder v. Mann,
(34)