Case of J. M. Vaughan v. Samuel J. LEWELLYN, et. al., civil action tried July Term, 1885, of the Superior Court of Rockingham Co. [1]
Testator, P. Black, owned 196 acres of land and on 14 FEB 1871 entered into an agreement with Samuel J. Lewellyn, for the sale of the land at $700. Plaintiff argues that Samuel failed to pay $41.86, the sum remaining on the note as of 1 JUN 1877. Title was to be conveyed to Sally LEWELLYN. Samuel argues that he did pay in full, but that the plaintiff made an error in recording the payments. "3. For that the referee excluded the testimony of A. L. LEWELLYN, witness of the defendants and their son, after proof that the estate of his father was insolvent." "The defendant Samuel having died before the taking the account, the objections came from his surviving wife ..."
Source: North Carolina Reports, Vol. 94, Cases Argued in the Supreme Court of North Carolina, February Term, 1886, published P. M. Hale, Sate Printer and Binder, Raleigh, 1886, pp. 472-480
The intricacies of this case are well beyond my limited understanding of equity law. I encourage anyone with a high degree of interest to obtain the source and read the case for themselves. ↩︎