Sims v. Killen
Supreme Court of Alabama
Writ of Error to the Circuit Court of Sumter. Tkespass to try titles to a certain tract of land. At the trial, the plaintiff, Sims, made title to the land in controversy under a sheriff’s deed, conveying to him the title of one Jacob Sims. ' The defendant made title under a deed of trust executed by said Sims to one Pettigrew, through a sale made by one Thomas, his successor in the execution of the trust.
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Writ of Error to the Circuit Court of Sumter. Tkespass to try titles to a certain tract of land. At the trial, the plaintiff, Sims, made title to the land in controversy under a sheriff’s deed, conveying to him the title of one Jacob Sims. ' The defendant made title under a deed of trust executed by said Sims to one Pettigrew, through a sale made by one Thomas, his successor in the execution of the trust. The plaintiff offered the deposition of said Sims, for the purpose of showing the deed executed by him was fraudulent. This deposition the court excluded, and the plaintiff excepted. The…
1Opinion of the CourtGoldthwaite, J.
The rule declared in Walton v. Shelly, 1 Term R. 296, that a party giving a security is not a competent witness to afterwards impeach it, was overturned in England, upon great consideration, in the subsequent case of Jordaine v. Lashbrook, 7 Term, 601, and has never been considered the proper rule in this court, though in some of the States, and in the supreme court of the United States, it has been acted upon with reference to promissory notes and bills of exchange. The American cases are numerous which decide that the grantor in a deed is a competent witness to impeach it if not interested.…
2Cases cited2 opinions
- Jackson ex dem. Mapes v. FrostNew York Supreme Court · 1810
- Ormsby v. HuntonCourt of Appeals of Kentucky · 1814