PETERSON v. FINGER

No. 8624SC178.

348 S.E.2d 351 (1986)

Edwin PETERSON and Artie Lee Peterson, by her Guardian, Joseph Higgins v. James Olen Higgins FINGER.

Court of Appeals of North Carolina.

September 16, 1986.


Attorney(s) appearing for the Case

Staunton Norris, Burnsville, for plaintiff-appellants.

Watson and Hunt by Charlie A. Hunt, Jr., Spruce Pine, for defendant-appellee.


PHILLIPS, Judge.

Plaintiff appellants make only two contentions, the first being that the trial judge erred in permitting the defendant to testify over their objections as to certain conversations that she had with plaintiff Artie Lee Peterson before the contested deed was executed. The objections were based on Rule 601(c), N.C. Evidence Code, which recodified the so-called "Dead Man's Statute," G.S. 8-51, and the fact that defendant's claim is adverse to that of...

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