Ward v. Sharp
Supreme Court of Vermont
This was an appeal from a decree of the chancellor, in favor of the orator. The bill was brought for the foreclosure of a mortgage, executed by the defendants, on the 25th of December, 1838, to William Ward, to secure the payment of a note of $800, with interest, and, by Olive Ward, executrix of the last will and testament of William Ward, assigned to the orator in part satisfaction of a specific legacy in said will.
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This was an appeal from a decree of the chancellor, in favor of the orator. The bill was brought for the foreclosure of a mortgage, executed by the defendants, on the 25th of December, 1838, to William Ward, to secure the payment of a note of $800, with interest, and, by Olive Ward, executrix of the last will and testament of William Ward, assigned to the orator in part satisfaction of a specific legacy in said will. The defendants alleged, in their answers, that they received but $768 as a consideration for said note — the difference having been reserved for extra interest of four per cent,…
1Opinion of the Court
*118The opinion of the court was delivered by
Redfield, J.
A witness may be compelled to testify to facts, which will have such a tendency, in regard to the determination of the case, as, by consequence, to subject the w}tnegg to pecuniary loss. Such has long been the settled practice in this state. The better opinion is, that this was the rule at common law. A majority of the judges so determined, in the case of Lord Melville, on the question being proposed by the House of Lords ; but some of the judges being of a contrary opinion, the statute of 46 Geo. III. ch. 37, was passed, to put the matter…
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- Davis v. ConverseSupreme Court of Vermont · 1863
- Stevens v. WhitcombSupreme Court of Vermont · 1844
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