Brooks v. . Shook

Supreme Court of North Carolina

Brooks v. . Shook

61 S.E. 601, 147 N.C. 630, 1908 N.C. LEXIS 112

DecidedMay 20, 1908

StatusPublished

This text of 61 S.E. 601 (Brooks v. . Shook) is published on Counsel Stack Legal Research, covering Supreme Court of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Brooks v. . Shook, 61 S.E. 601, 147 N.C. 630, 1908 N.C. LEXIS 112 (N.C. 1908).

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Opinion

ClaeK, C. J.

Ejectment, the crucial question being the location of a certain corner. The plaintiff, on cross-examination,'was asked if George Brooks (now long deceased), under whom his title was derived, was not present when the survey was made from the corner now claimed by defendant. The witness replied that he was, and “objected to the survey and *631 said, ‘You are running from the wrong point.’ ” The object of the question was, of course, to get a quasi admission against the interest of George Brooks, and the answer of the witness completely negatived such admission. The plaintiff excepts because, on redirect examination, he was not allowed to state that George Brooks on that occasion further said that the true corner was where the plaintiff now claims. This was a declaration in his own interest, and incompetent. The plaintiff relies on the principle.that, the defendant having called out part of a conversation, he is entitled to the balance. But the defendant • did not call for any conversation. He sought to get the benefit of a quasi admission from the presence of George Brooks at the former survey and his not making objection. The witness having answered that George Brooks did .make objection, saying this was the wrong point, there is no reason why the plaintiff should be allowed to go further .and bring out evidence of declarations of George «Brooks in his own favor as to where the corner really was. It is enough that the witness negatived any inference from George Brooks’ presence that he admitted that it was at this place.

No Error.

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ClaeK, C. J.

Ejectment, the crucial question being the location of a certain corner. The plaintiff, on cross-examination,'was asked if George Brooks (now long deceased), under whom his title was derived, was not present when the survey was made from the corner now claimed by defendant. The witness replied that he was, and “objected to the survey and *631 said, ‘You are running from the wrong point.’ ” The object of the question was, of course, to get a quasi admission against the interest of George Brooks, and the answer of the witness completely negatived such admission. The plaintiff excepts because, on redirect examination, he was not allowed to state that George Brooks on that occasion further said that the true corner was where the plaintiff now claims. This was a declaration in his own interest, and incompetent. The plaintiff relies on the principle.that, the defendant having called out part of a conversation, he is entitled to the balance. But the defendant • did not call for any conversation. He sought to get the benefit of a quasi admission from the presence of George Brooks at the former survey and his not making objection. The witness having answered that George Brooks did .make objection, saying this was the wrong point, there is no reason why the plaintiff should be allowed to go further .and bring out evidence of declarations of George «Brooks in his own favor as to where the corner really was. It is enough that the witness negatived any inference from George Brooks’ presence that he admitted that it was at this place.

No Error.

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Bluebook (online)

61 S.E. 601, 147 N.C. 630, 1908 N.C. LEXIS 112, Counsel Stack Legal Research, https://law.counselstack.com/opinion/brooks-v-shook-nc-1908.