Hawkins v. . Hawkins

Marshall afterwards died, and the suit has not been revived against his representatives.

Upon several issues, submitted, to the jury, they found that Marshall was requested by P. Hawkins, deceased, of his own will, to redeliver the deeds, which he unjustifiably refused to do. It appears from the statement sent up that the character given by the bill to C. Marshall is that of a trustee, and the question is as to the competency of his testimony. Upon this subject there is a variance in the practice of courts of law and equity. In the first, no person made a defendant can be a witness unless in…