Williams, Phillips & Co. v. Benton

A case between these parties, on the same obligation, was before this court in 1845. A judgment of non-suit was then rendered against the plaintiffs, the court being of the opinion that the action was prematurely brought.

*92The present is a renewal of that action, and we refer to the case between these parties in 10 An. 158 for a statement of the facts. On the trial of the second case, in order to prove the existence in defendant’s possession, and contents of the transfer from Liles and Garriok, the patentees of the land, Louis Selby was placed as a witness upon the stand by the plaintiffs. His…