Wooten v. . Outlaw

18 S.E. 252, 113 N.C. 281

• Court: Supreme Court of North Carolina
• Decided: September 5, 1893
• Status: Published

Opinion

MaoRae, J.:

By the admissions of the parties, all other issues, except that arising upon the plea of payment, were eliminated. Both of the credits claimed by defendants were allowed, and an additional credit of $41.80 was also given. There was no testimony showing the dates of said credits, and a calculation will show that in the judgment these credits were allowed as of the times at which they were admitted in the complaint. As to the credit of twenty-five dollars, the testimony does not enlighten us as to the time it should have been entered, but it will appear to have been given about the same time that the credit of $100 was allowed.

The rejected testimony was not competent, unless it was made as a declaration against interest while N. B. Outlaw was the holder of the note and mortgage, and the defendant failed to show that he was still the owner at the time of the alleged declaration. Indeed, the rejection of this testimony can work no harm to the defendant, for, if admitted, it would be consistent with the other testimony in the action.

No Error.