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2 N.C. 396

Arnold v. . Bell

Superior Court of North Carolina

Decided October 5, 1796

Superior Court of North Carolina · decided 1796-10-05

Cited by 1 later decisions — most recently January 1804

1 state decisions

Relies on Headen v. . Womack · Dozier v. . Dozier

Good law ✅— No negative treatment on recordhow we know

Decided 1796-10-05

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¶1The decision to be given by this Court steers clear of the objection raised from the cases cited. The question here is, not whether the father shall be sworn to impeach a writing he has signed and delivered, but whether his confession may be given in evidence to affect a third person, his son. A man's confession may be given in evidence to affect himself, but cannot to affect any other person. That evidence, were it allowed, would affect the plaintiff, and not the father, who does not pretend to any (398) interest in the negroes. Therefore, it cannot be received. It would be of dangerous consequence to allow such after declaration of a man who had passed property by the proper legal ceremonies; he might always overturn his conveyances.

¶2The evidence was rejected.

¶3See Bell v. Hill, ante, 72.

¶4Cited: Dozier v. Dozier, 21 N.C. 100; Headen v. Womack, 88 N.C. 471. *310

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