Lyde v. Taylor
Supreme Court of Alabama
Error to the Chancery Court of Montgomery. Tried before the Hon. Anderson Crenshaw. The object of this bill, which was filed by the plaintiffs against the defendants in error, was to obtain security for the forthcoming of certain slaves in the possession of the defendants, in which the plaintiffs claim the remainder after the death of their mother, Mary Jane Lyde, by virtue of two deeds of gift executed by their grandfather, Alex’r Lamb.
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Error to the Chancery Court of Montgomery. Tried before the Hon. Anderson Crenshaw. The object of this bill, which was filed by the plaintiffs against the defendants in error, was to obtain security for the forthcoming of certain slaves in the possession of the defendants, in which the plaintiffs claim the remainder after the death of their mother, Mary Jane Lyde, by virtue of two deeds of gift executed by their grandfather, Alex’r Lamb. The defendants, who, the bill alleges, claim the absolute title to the slaves and deny the rights of the plaintiffs, rely on a title acquired from John J.…
1Opinion of the CourtDargan, C. J.
The first question to which our attention is directed is whether the complainants are entitled to read as evidence the deposition of Mary Jane Lyde. She was examined át the instance of the defendants and cross-examined by the complainants. At the hearing of the cause the defendants objected to the reading of her deposition on the ground of interest, she being security on the injunction bond. The defendants knew or were bound to know that she was a security on the bond before they examined her, and the question is, can a party to a suit in equity examine a witness he knows to be interested,…
2Cases cited9 opinions
- Everett v. CoffinNew York Supreme Court · 1831
- Adams v. BroughtonSupreme Court of Alabama · 1848
- Bayard v. MalcolmNew York Supreme Court · 1806
- Stewart v. HoodSupreme Court of Alabama · 1846
- Catterlin v. HardySupreme Court of Alabama · 1846
4 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Saltmarsh v. Bower & Co.Supreme Court of Alabama · 1859
- Bethea v. BetheaSupreme Court of Alabama · 1896
- Ramey v. GreenSupreme Court of Alabama · 1851
- Turner v. FennerSupreme Court of Alabama · 1851
- Hooper v. BrittAlabama Court of Appeals · 1951
6 more not listed; retrieve them via the Exa API.