Leach v. Fowler's Devisees
Supreme Court of Arkansas
Appeal from, Pulaski Chancery Court. Hon. Hulbert F. Faiechild, Chancellor. The testimony of the wife of John H. Leach was improperly rejected, because Leach had no interest in the cause.
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Appeal from, Pulaski Chancery Court. Hon. Hulbert F. Faiechild, Chancellor. The testimony of the wife of John H. Leach was improperly rejected, because Leach had no interest in the cause. His deed to J. W. T. Leach, whether fraudulent or not,.as between them divested him of all interest in the land. 1 Ohio 207; 3 Monroe 378; 16 Johnson Rep. 189; 8 Leigh 510; Britt vs. Aylett,Q Eng. 475. The interest to disqualify must be certain and fixed — hope of benefit only goes to credibility. 1 Phil. Ev. 47-8. A minor living apart from his father is entitled to his own earnings, and may become, by…
1Opinion of the Court
Hon. Harris Flaitagin, Special Judge,
delivered the opinion of the Court.
The facts, so far as material to the question to be decided here, are:
The bill was filed on the twenty second day of October, 1851, by Absalom Fowler, against John H. Leach, John W. T. Leach^ and Jacob W. Parker, and charges:
That John H. Leach was indicted in the District Court of the United States for the district of Arkansas, for cutting and removing timber from the lands of the United States: he pleaded not guilty, was tried and a judgment was rendered against him for sixty cents fine, and one hundred and forty-six…
2Cases cited1 opinion
- Estes v. BootheSupreme Court of Arkansas · 1859
3Cited by6 opinions
- Gypsy Oil Co. v. SchonwaldSupreme Court of Oklahoma · 1924
- Yeamans v. JamesSupreme Court of Kansas · 1882
- Miles v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Arkansas · 1909
- Barr v. RandallSupreme Court of Kansas · 1886
- Campbell v. CarlisleSupreme Court of Arkansas · 1935
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