Tuttle v. Turner, Wilson & Co.
Texas Supreme Court
Appeal from Grayson. The case was tried before Hon. Hat. M. Bureord, one of the district judges. On the 10th of June, 1856, the appellees, who were a mercantile firm of New Orleans, Louisiana, brought this suit to recover of "Warrick Martin, who was a resident of the State of Mississippi, the amount due upon his note dated July 3,1854, to the plaintiffs, for the sum of $10,467 and interest, and to subject to payment thereof the undivided half interest of said Martin in…
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Appeal from Grayson. The case was tried before Hon. Hat. M. Bureord, one of the district judges. On the 10th of June, 1856, the appellees, who were a mercantile firm of New Orleans, Louisiana, brought this suit to recover of "Warrick Martin, who was a resident of the State of Mississippi, the amount due upon his note dated July 3,1854, to the plaintiffs, for the sum of $10,467 and interest, and to subject to payment thereof the undivided half interest of said Martin in sundry tracts of land, comprising over twenty thousand acres, which interest they attached upon affidavit of the…
1Opinion of the Court
Coke, J
—There was no error in the admission of the testimony of the witness, B. F. Hall. The objection, that he was incompetent by reason of interest, is not well taken. The true test of the interest of a witness is, that he will either gain or lose by the direct legal operation and effect of the judgment, or that the record will be evidence for or against him in some other action. (1 Greenl. on Ev., § 390.)
Hor does the rule, that interest disqualifies, apply where a witness testifies against his interest. Hall, the witness, conveyed the lands in controversy to J. Blodget Britton *770by deed,…
2Cases cited6 opinions
- Murray v. BallouNew York Court of Chancery · 1815
- Southern Life Insurance & Trust Co. v. ColeSupreme Court of Florida · 1852
- Jackson ex dem. Youngs v. VredenburghNew York Supreme Court · 1806
- Edrington v. RogersTexas Supreme Court · 1855
- Green v. BanksTexas Supreme Court · 1859
1 more not listed; retrieve them via the Exa API.
3Cited by41 opinions
- Henry v. PhillipsTexas Supreme Court · 1912
- Alliance Milling Co. v. Eaton, Guinan & Co.Texas Supreme Court · 1894
- Capitol Hotel Co. v. RittenberryCourt of Appeals of Texas · 1931
- Hubbard v. CoxTexas Supreme Court · 1890
- Gonzales v. Adoue & LobitTexas Supreme Court · 1900
36 more not listed; retrieve them via the Exa API.