Finch v. Creech
Supreme Court of Georgia
Administrators and executors. Witness. Before Judge Tompkins. Richmond Superior Court. April Term, 1875. Reported in the opinion.
1Opinion of the Court
Jackson, Judge.
The bill of exceptions and record in this case are not as clear as they should be. . We gather from them, however, that the administrator, Finch, applied for leave to sell the lands of his intestate to pay debts, and was offered as a witness to show the necessity of the sale, the heirs-at-law objecting thereto. He was objected to as a-witness on the ground that he was himself a creditor, and the objection was sustained. If he was the only creditor, we think he could not testify as to his own debt, nor to show any contract between him and intestate, arising out of a partnership…
2Cited by2 opinions
- Underwood v. UnderwoodCourt of Appeals of Georgia · 1931
- Fulcher v. MandellSupreme Court of Georgia · 1889