Jackson ex dem. Mapes v. Frost
New York Supreme Court
THIS was an action of ejectment, for a -farm in i?hieens county. At the trial, the plaintiff gave in evidence, the exemplification of a record of a judgment, recovered in this court by C. and W. Thorne, against John Barton and Thomas Carpenter, for 920 dollars, which was signed the 5th February, 1806, but it did not otherwise' appear that the same had been docketed, or at what time.
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THIS was an action of ejectment, for a -farm in i?hieens county. At the trial, the plaintiff gave in evidence, the exemplification of a record of a judgment, recovered in this court by C. and W. Thorne, against John Barton and Thomas Carpenter, for 920 dollars, which was signed the 5th February, 1806, but it did not otherwise' appear that the same had been docketed, or at what time. The plaintiff also produced a fieri facias, and a testatum fieri facias on the same judgment, the latter directed to the sheriff of ¡fueens, by virtue of which, the premises in question were sold, at public…
1Per curiam
The interest of Barton having been released before he was offered as a witness, his being implicated in the fraud, went only to his credit, and not to his competency. He was a competent witness to disprove as well as to prove the fraud. On this ground, we think a new trial ought to be granted, with costs to abide the event of the suit.
New trial granted.
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