Presnell v. . Garrison

Citations

• 29 S.E. 839
• 122 N.C. 595
• 1898 N.C. LEXIS 310

Syllabus

<p>PeMtion for 'Rehearing — Practice—Appeal—Record— Parol Evidence — Exceptions to Evidence.</p> <p>1. On appeal or on petition to rehear a case formerly decided, this Court will not consider matters not contained in the transcript of the record.</p> <p>2. A petition to rehear must be upon the record as it was at the former hearing.</p> <p>3. Since all conveyances of land are required to be in writing, parol evidence of a verbal agreement establishing the boundaries between the owners of adjoining tracts of land is not admissible in the trial of an action to establish such boundaries.</p> <p>4. Where, in the trial of an action, objection is made to evidence upon an improper ground, this Court will treat the evidence as not objected to.</p> <p>5. While the general rule is that this Court will not review evidence as to its competency or incompetency, yet, where a trial judge admits evidence which is made incompetent by statute, and which it is his duty, of his own motion, to exclude, this Court will permit the error to be assigned at the argument, though not excepted to on the trial below.</p>