Barraque v. Siter, Price & Co.
Supreme Court of Arkansas
Appeal from the Jefferson Circuit Court in Chancery. This was a bill filed in the circuit court of Jefferson county by Siter, Price & Co., against Antoine Barraque and wife, and others, for title to two fractions of land, alleged to have been purchased by them of said Barraque, with other lands, but omitted in the deed by mistake, and determined by the Hon. William H. Suttoji, judge.
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Appeal from the Jefferson Circuit Court in Chancery. This was a bill filed in the circuit court of Jefferson county by Siter, Price & Co., against Antoine Barraque and wife, and others, for title to two fractions of land, alleged to have been purchased by them of said Barraque, with other lands, but omitted in the deed by mistake, and determined by the Hon. William H. Suttoji, judge. The circuit court decreed in favor of the complainants, and the defendants, Barraque and wife, appealed to this court. The facts, upon which the adjudication in this court rests, sufficiently appear in the…
1Opinion of the CourtWalker, J.
There is no rule of evidence better settled than that, in general, the answer of one defendant in chancery cannot be given in evidence against his co-defendants; the reason being that, as there is no issue between them, there can be no opportunity for cross-examination. (1 Greenl. Ev. 178. Singleton vs. Gayle, 8 Porter, 271. Clark vs. Van Reimsdyke, 9 Granch, 152. Judd vs. Seever, 8 Paige, 548. Field vs. Holland, 6 Crunch, 8. 3 Phillips Ev. (Cowen Hill’s Ed.) 931. 2 Daniel Ch. Pl. & Pr. 981.) This general rule, however, does not apply to cases where the defendant claims through him whose…
2Cases cited8 opinions
- Clark's Executors v. Van RiemsdykSupreme Court of the United States · 1815
- Hughes v. BlakeSupreme Court of the United States · 1821
- Van Reimsdyk v. KaneU.S. Circuit Court for the District of Rhode Island · 1813
- Wilkins v. Woodfin AdministratorSupreme Court of Virginia · 1816
- Watson v. PalmerSupreme Court of Arkansas · 1844
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