Legal Opinion

Hodges v. Denny

Supreme Court of Alabama

Decided December 15, 1888PublishedCited by 37 opinions

Appeal from the Chancery Court of Chambers. Heard before the Hon. S. K. MoSpadden. The bill in this case was filed on the 14th September, 1886, by William S. Denny, against C. C. Hodges, and against the administrator, children and heirs at law of John O. Pearson, deceased; and sought to enforce a vendor’s lien on a tract of land, for the balance of purchase-money unpaid, as evidenced by the two promissory notes of said Hodges, which the complainant held by transfer and…

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Appeal from the Chancery Court of Chambers. Heard before the Hon. S. K. MoSpadden. The bill in this case was filed on the 14th September, 1886, by William S. Denny, against C. C. Hodges, and against the administrator, children and heirs at law of John O. Pearson, deceased; and sought to enforce a vendor’s lien on a tract of land, for the balance of purchase-money unpaid, as evidenced by the two promissory notes of said Hodges, which the complainant held by transfer and assignment from said Pearson. The contract of sale was made on the 27th September, 1883, the agreed price of the land, as…

1Opinion of the Court

CLOPTON J.

In a suit by a transferree of a promissory note, against tbe personal representative of the.maker, the *228transferror is not a competent witness, on the .part of the transferees, as to any transaction with, or statement by tbe deceased maker. A transfer of tbe subject-matter of tbe suit does not operate to take the living party out of tbe exception to tbe statute rendering parties competent witnesses. Mutuality in its operation is tbe policy and purpose of tbe statute. Its provisions exclude tbe living from testifying to any transaction between bimself and tbe dead, in all cases where…

2Cases cited11 opinions

  1. Harrison v. TalbotCourt of Appeals of Kentucky · 1834
  2. Boykin v. SmithSupreme Court of Alabama · 1880
  3. Winston v. BrowningSupreme Court of Alabama · 1878
  4. Miller v. Cannon & Co.Supreme Court of Alabama · 1887
  5. Carter v. BeckSupreme Court of Alabama · 1867

6 more not listed; retrieve them via the Exa API.

3Cited by37 opinions

  1. Smith v. CookSupreme Court of Alabama · 1929
  2. Corley v. VizardSupreme Court of Alabama · 1919
  3. Hillens v. BrinsfieldSupreme Court of Alabama · 1895
  4. Schoenvogel v. Venator Group Retail, Inc.Supreme Court of Alabama · 2004
  5. Manning v. CarterSupreme Court of Alabama · 1917

32 more not listed; retrieve them via the Exa API.

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