Bingham v. Lavender

*49Complainant filed this bill in the chancery court at Franklin, claiming to be the owner of a note described in the bill.

The answer denies the right, and sets up alleged transactions between complainant and defendant Lavender, which, if sustained by proof, defeat complainant.

After the issue made by the pleadings, Bingham took and filed in the cause his own deposition, and afterwards died. After the death of Bingham, Lavender took and filed his deposition, upon the same points of controversy as that of Bingham, which was excepted to. The question is, was the deposition competent evidence under…