Stone v. Stone ex rel. Underwood
Supreme Court of Alabama
Writ of error to the Circuit Court of Autauga County. AN issue was made, (under the statute) to determine the right to certain property levied on as the goods of one Elias Over-street, at the suit of Thomas Stone, for the use of Benjamin Underwood, and claimed by William T. Stone. The claimant offered one Newton as a witness.
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Writ of error to the Circuit Court of Autauga County. AN issue was made, (under the statute) to determine the right to certain property levied on as the goods of one Elias Over-street, at the suit of Thomas Stone, for the use of Benjamin Underwood, and claimed by William T. Stone. The claimant offered one Newton as a witness. It appeared that the claim arose under a conveyance to the claimant, in trust, to secure certain creditors therein mentioned, among whom was the firm of Brodnax & Newton, of which firm the witness was a partner. The plaintiff objected to Newton, as incompetent and was…
1Opinion of the CourtGoldthwaite, J.
— 1. The witness, Newton, was called to support the title of the claimant to the trust property, conveyed that certain debts might be provided for; and among them is one due to a firm of which the witness was a partner. This, is not like the case of a creditor of a decedent’s estate, who is called as a witness to support a suit by the administrator, because the *584interest of the creditor is uncertain, whether the estate is solvent or otherwise; but here, a specific appropriation is made, of at least a portion of the debtor’s estate to which the witness is entitled to resort, if the deed is…
2Cited by6 opinions
- Yarborough v. MossSupreme Court of Alabama · 1846
- Pulliam, Wills, Rankin & Co. v. Newberry's AdministratorSupreme Court of Alabama · 1867
- Foster v. GoodwinSupreme Court of Alabama · 1886
- Ex parte KeenanSupreme Court of Alabama · 1852
- Jones v. DyerSupreme Court of Alabama · 1852
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