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98 N.C. 160

Coble v. Branson

Supreme Court of North Carolina

Decided September 15, 1887

Supreme Court of North Carolina · decided 1887-09-15

Civil actioN, removed from Randolph county, and tried before Connor, Judge, at December Term, 1886, of Guilford Superior Court. The complaint states that the tract of land in possession of the defendant, Daniel B. Branson, and demanded in the action, formally belonged to his wife, and was, under proceedings instituted in the proper Court, sold under a decree foreclosing a mortgage thereof made by them, and conveyed to the plaintiff.

Decided 1887-09-15

Smith, C. J.,

¶1(after stating the case). Whether the testimony was intrinsically obnoxious to objection, it being but a limitation upon the authority conferred upon the agent or not, it is wholly irrelevant to the issue, and its rejection was harmless. It does not tend to disprove the arrangement by which the trust was created, nor impair the force of the other testimony upon the point. The previous contract is unaffected by the directions which restrict the amount which the agent was not at liberty to bid, and as a matter between .them, ought not to be heard to the prejudice of the defendant.

¶2That a trust was raised upon the agreement found by the *163jury, is established by the case of Mulholland v. York, 82 N. C., 510, and this is sufficient authority for the ruling.

¶3There is no error, and the judgment is affirmed.

¶4No error. Affirmed.

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