Rockafellow v. Peay
Supreme Court of Arkansas
APPEAL from Pulaski Chancery Court. IíoN. D. W. Carroll, Chancellor. We submit that the Chancellor was wrong. John C. Peay tried to create an estate in himself by his unaided oath. He had not a scrap oí paper or the testimony of any witness to corroborate his recollection of what he supposed to have happened many years ago. Under the old law his testimony would not have been admitted; under the present law his interest affects his credibility.
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APPEAL from Pulaski Chancery Court. IíoN. D. W. Carroll, Chancellor. We submit that the Chancellor was wrong. John C. Peay tried to create an estate in himself by his unaided oath. He had not a scrap oí paper or the testimony of any witness to corroborate his recollection of what he supposed to have happened many years ago. Under the old law his testimony would not have been admitted; under the present law his interest affects his credibility. His testimony is not only not sustained by anything in the record, but it is plainly contradicted. 1. By his own testimony, his two depositions and his…
1Opinion of the CourtSmith, J.
In 1871 John- C. Peay borrowed of Rockafellow $4,000, for which he made his promissory note, payable at twelve months with interest at the rate of one and a half per cent, per month. In order to secure payment of this note, his brother, Gordon N. Peay, since deceased, executed a mortgage, which was acknowledged and récorded, upon lots 7, 8 and 9, in block 100, city of Little Rock. The wife of the mortgagor signed the instrument; but her name is not mentioned in the body of it, nor does the certificate of acknowledgment show any renunciation of dower.
In 1874 Gordon N. Peay, in consideration of…
2Cited by15 opinions
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