Loftin v. Lyon
Supreme Court of Alabama
Erroe, to the Circuit Court of Sumter. Tried before the Hon. TURNER Reavis. Assumpsit by Lyon & Baker against Loftin, on the following state of facts: One Roane was indebted to Loftin in the sum of about eighty dollars, and was also indebted to Lyon & Baker in the sum of about one hundred and fifty dollars; he delivered .to Loftin a certain amount of cotton, to be sold, and the proceeds to be appropriated, first to the payment of Loftin’s debt, and the balance to be paid to…
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Erroe, to the Circuit Court of Sumter. Tried before the Hon. TURNER Reavis. Assumpsit by Lyon & Baker against Loftin, on the following state of facts: One Roane was indebted to Loftin in the sum of about eighty dollars, and was also indebted to Lyon & Baker in the sum of about one hundred and fifty dollars; he delivered .to Loftin a certain amount of cotton, to be sold, and the proceeds to be appropriated, first to the payment of Loftin’s debt, and the balance to be paid to Lyon & Baker in extinguishment of their debt; Loftin took the cotton on these terms, and agreed to sell it and apply the…
1Opinion of the CourtGibbons, J.
The question presented by the bill of exceptions is, whether the witness, Eoane, after he had been *542released by the plaintiffs from liability to them on account of his debt, was a competent witness to prove the facts alleged in the declaration.
It is objected, that he is not competent, in the first place, on the ground of interest. But we are not able to perceive any valid objection on this ground. His original relation to the parties to this suit was that of á debtor owing two creditors. He gives money or property into the hands of one, to pay himself first, and the balance to hand over to the…
2Cases cited2 opinions
- Houston v. PrewittSupreme Court of Alabama · 1846
- Clifton v. SharpeSupreme Court of Alabama · 1849
3Cited by1 opinion
- Tabler, Crudup & Co. v. Sheffield Land, Iron & Coal Co.Supreme Court of Alabama · 1888