Yarborough's ex'r v. Scott's ex'r
Supreme Court of Alabama
Weit of Error to the Circuit Court of Perry. The testator of the defendants in error recovered a judgment in-the Circuit court of Perry against Charles B. McKinney, Walter A. Parrish and Henry Yarborough, as partners trading under the style of McKinney, Parrish & Co., and Wilson McKinney and Charles B. McKinney, partners trading under the style of W. & C. B. McKinney, for the sum of two thousand two hundred and seventeen dollars, besides costs.
Read the full summary
Weit of Error to the Circuit Court of Perry. The testator of the defendants in error recovered a judgment in-the Circuit court of Perry against Charles B. McKinney, Walter A. Parrish and Henry Yarborough, as partners trading under the style of McKinney, Parrish & Co., and Wilson McKinney and Charles B. McKinney, partners trading under the style of W. & C. B. McKinney, for the sum of two thousand two hundred and seventeen dollars, besides costs. An execution was issued on this judgment on the 26th September, 1840, and levied on sundry slaves, to which David Yarborough made affidavit of title,…
1Opinion of the CourtCollier, C. J.
The admissibility of one of the defendants in execution to give evidence against the claimant, depends upon the question, whether it was his interest to condemn the property. It has been decided, and may be regarded as settled law, that where the claimant, in a .case like the present, deduces a title to *223the property through the defendant in execution, the latter is, in general, a competent witness for either party, on the ground that his interest is balanced. If the plaintiff fails in obtaining satisfaction of his execution, the defendant still remains liable to its payment ; and if the…
2Cited by3 opinions
- Patton v. BeecherSupreme Court of Alabama · 1878
- Quigley v. CampbellSupreme Court of Alabama · 1847
- Pool v. MingeSupreme Court of Alabama · 1873