The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1896-01-10

| motion for vacation of Judgment are
not in the record, the record cannot
be amended so as to show the facts on
/ the request of single party.
| Affirmed.
John Mcneil VS.. The Raleigh and
| Augusta Airline K. r. Co. (appellant)
| from Moore Co. Opinion by Clark, J.
| Where attempted service of the case
on appeal within the proper time has
| been made by one not authorized to
| make it and then service by a proper
| officer, but after the time limited for
service had expired; held, that such
case on appeal will not be considered.
Affirmed.
| Margaret A. Johnson, Admir-, ct al VS..
Elgate Townsend (appellant) from
Robertson Co. Opinion by Montgom-
cry, j.
The Code, section 500, excludes the
| testimony in his own behalf of a par
| ty interested in a suit, concerning d
| personal transaction between the wit
ness and deceased person, as against
| the personal representative then de
Tending or prosecuting the suit. This
section is not construed, however, as
excluding the evidence of a defendant
as to a conversation with a decedent
and two other persons who were asso-
ciated with the decedent in the trans
action which is the subject of the
suit in which the personal representa-
tive of the decedent and such other
persons are co-plaintiffs.
Reversed.
National Bank of Greensboro ct al VS..
j. +. Gilmer ct al petitioners from
Forsyth Co Opinion by Furches, j.
/. In order to establish parOl trust
in land in favor of the person whose
money is alleged to have gone for the
purchase of land and the improvements
thereon, the evidence must show the
existence of such facts ab the time of
the transmission Of the legal title.
2. A mortgage of all debtors prop
erty subject to execution, except an
insignificant part, to secure preferred
creditors, is in effect an assignment for
the benefit of creditors.
3. The act of 1893 requiring that the
assignor shall file a verified schedule
Of the preferred debts within certain
time, is mandatory and renders an as
signment void, where there is failure
to file such schedule.
State VS.. John Ii. Snow (Gppellant)
from Surry Co. Opinion by Clark, j.
/. An indictment for violating a local
statute need not refer to the statute.
2. An indictment which AYERS the
violation of chapter 298, section 2, acts
of 1893, which forbids the sale of spir-
ituous liquors within two miles of Oak
Grove church and gives the Superior
Court jurisdiction, is not affected by
the fact that it further AYERS that the
offence charged is a violation of an
other local statute, which is within the
jurisdiction of Justice of the Peace.
Affirmed.
j. r. Pettiford VS.. Arthur Mayo, Admir-,
{appellant) from Washington Co.
Opinion by Montgomery, j.
/. The declaration by a person on his
death bed that he was about to die"
and that he did not owe cent in the
world is not competent to disprove
his Indebtedness on note purported
to have been executed by him.
g Evidence that deceased was "a
man of property" and that he had
money loaned out at the time of his
death is not competent to disprove the
execution of such note, especially as
it was not shown that the deceased had
any money on hand from the execution
Of note until the time of his death.
Affirmed.