Stevens v. Whitcomb
Supreme Court of Vermont
Ejectment for land in Richmond. Plea, the general issue, and trial by jury. It was admitted on the trial that the original title to the premises was in William Cox; that both parties claimed under him; and that the defendant was in possession of the premises when the suit was commenced.
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Ejectment for land in Richmond. Plea, the general issue, and trial by jury. It was admitted on the trial that the original title to the premises was in William Cox; that both parties claimed under him; and that the defendant was in possession of the premises when the suit was commenced. The plaintiff gave in evidence a warrantee deed from William Cox to Francis Cox, dated Jan. 18, 1828, which in fact included the land in question, although it was not so supposed by the parties to it at the time it was given. Also a warrantee deed of the same date, conveying the same premises from Francis Cox…
1Opinion of the Court
The opinion of the court was delivered, by
Redfield, J.
In regard to the right of the county court to compel the witness to testify against his interest, there can be, I appre-. hend, little doubt. It is now well settled in this state, by a long course of practice and one decision of this court, ( Ward v. Sharp, 15 Vt. 115,) that any interest, short of being the rea? .party, will not excuse a witness from giving testimony. If the witness be the red! party to the suit, he cannot be compelled to testify, and by consequence his declarations and admissions, against his interest, become evidence…
2Cases cited3 opinions
- Hall v. DeweySupreme Court of Vermont · 1838
- Ward v. SharpSupreme Court of Vermont · 1843
- Robinson v. DouglassSupreme Court of Vermont · 1827
3Cited by8 opinions
- Darling v. EnnisSupreme Court of Vermont · 1980
- Reinheimer v. RhedansSupreme Court of Missouri · 1959
- Caraker v. BrownSupreme Court of Georgia · 1922
- Fort Wayne Smelting & Refining Works v. City of Fort WayneIndiana Supreme Court · 1938
- Tolley v. ThomasIndiana Court of Appeals · 1910
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