Executors of Robertson v. Allen
Supreme Court of Alabama
Error to the Circuit Court of St. Clair, Tried before the Hon. Thomas A. Walker,. Assumpsit by the defendant against the plaintiffs in error, ■as executors of John Robertson, deceased.
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Error to the Circuit Court of St. Clair, Tried before the Hon. Thomas A. Walker,. Assumpsit by the defendant against the plaintiffs in error, ■as executors of John Robertson, deceased. The plaintiff offered proof tending to show, that the testator of the defendants, between the first and tenth days of September 1840, promised the plaintiff to pay Mm two hundred dollars, if he would give ■up a negro girl, named Mary, then, and before that time in ithe possession of the plaintiff, and to which he laid claim as a gift from said testator, of whom lie was the son-in-law; and •that said girl about…
1Opinion of the CourtDargan, J.
If a subscribing witness to a written instrument become afterwards interested, he is incompetent to testify in support of his own interest; and if his interest is acquired, without the agency or fault of the party who wishes to establish the execution of the instrument, he may resort to other evidence, than the testimony of the subscribing witness. Greenl. Ev. 607; Howel v. Stevenson, 15 Com. Law Rep. 516; Cowen & Hill’s notes to Phil. Ev. vol. 3, note 894.
It cannot be necessary that a party should call a witness who is incompetent to testify, nor be at the expense of having him subpmnaed. If…
2Cited by1 opinion
- Gayle v. BancroftSupreme Court of Alabama · 1850