Crews v. Threadgill
Supreme Court of Alabama
Appeal from the Chancery Court at Montgomery. Heard before the Hon. Wade Keyes. Tiie bill in this case was filed, on the 15th May, 1856, by ITowell Threadgill, against Martin M. Crews ; and sought to have a deed for a tract of land, which was absolute in form, declared and established as a mortgage, and for a redemption and account under it.
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Appeal from the Chancery Court at Montgomery. Heard before the Hon. Wade Keyes. Tiie bill in this case was filed, on the 15th May, 1856, by ITowell Threadgill, against Martin M. Crews ; and sought to have a deed for a tract of land, which was absolute in form, declared and established as a mortgage, and for a redemption and account under it. The deed was executed by the complainant and his wife, in the presence of two witnesses, on the 27th April, 1854; recited as its consideration the present payment of $225 by the defendant, and conveyed to him, with covenants of warrant}1-, a tract of land…
1Opinion of the CourtStone, J.
The exception of complainant to a part of the witness Sherwood’s answer to the 13th cross-interrogatorv must be allowed. The interrogatory did not call for the declarations of Crews, and he had no authority to use' his own ex-parte statements, not called out by his adversary, as evidence in his own favor.
[2.] We also sustain the exceptions of defendant to the following portion of the witness Henry M. Elmore’s testimony : To all that portion of his answer to the 3d direct interrogatory, which assumes to relate what Threadgill said to Mm, as to the value of the land, what he could get for it,…
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