Young v. Croughton
Supreme Court of Missouri
Error to St. Loúis Circuit Court. This was an action to recover possession of twenty feet of ground in the town of Lagrange, begun against Robt.
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Error to St. Loúis Circuit Court. This was an action to recover possession of twenty feet of ground in the town of Lagrange, begun against Robt. Crough-ton, April 25, 1851. The plaintiffs claimed title under a deed of trust executed by said Croughton to Charles Gregory, as trustee, dated July 19, 1849, and recorded September 24, 1849. They became the purchasers at the sale under the deed of trust, and received a conveyance' from the trustee, which was duly acknowledged and recorded. Thomas C. Reveley, claiming to be the landlord of Crough-ton, on his motion, was made a party defendant. The…
1Opinion of the CourtRylaNd, Judge
1. We deem it necessary in this case, to notice one point only ; that is, the competency of Croughton as a witness for Ms co-defendant, when offered by'that defendant. There is *370nothing else in the record requiring our interference. It is a well settled rule of evidence, that one defendant cannot be permitted to testify for his co-defendant touching the matters in controversy. He cannot be called to the witness stand by his co-defendant, nor will he be permitted to testify on his own motion voluntarily. This point was so ruled by this court, in the criminal case of State v. Ward, 15 Mo. Rep.…
2Cited by1 opinion
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