TOWE v. PENLAND

No. 103.

57 S.E.2d 652 (1950)

231 N.C. 504

TOWE et al. v. PENLAND et al.

Supreme Court of North Carolina.

March 1, 1950.


Attorney(s) appearing for the Case

George M. Pritchard and George H. Ward, Asheville, for petitioners, appellants.

Paul J. Smith, Asheville, for respondents, appellees.


STACY, Chief Justice.

It may be doubted whether any sufficient evidence appeared on the hearing to show that Sadie Bartlett Hall was a party to the agreement between the petitioners and respondents, "providing for the disposition and ownership of the property described in the petition." But however this may be, a new trial seems necessary by reason of the admission of incompetent hearsay evidence from several witnesses who professed to state what the deceased, Mrs...

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