Pettit v. Jennings
Supreme Court of Virginia
A bond of Hugh Pettit to James F. Jennings for 1000 ° ° dollars, dated the 5th of October 1833 and payable 12 months after date, having been assigned to Richmond Terrell, Pettit, on the 27th of January 1834, made a deed of trust conveying a tract of land in Fluvanna to Abraham Shepherd, in trust for the purpose of securing the payment of the bond to Terrell. Default being made in paying the bond, the land was immediately advertised under the deed.
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A bond of Hugh Pettit to James F. Jennings for 1000 ° ° dollars, dated the 5th of October 1833 and payable 12 months after date, having been assigned to Richmond Terrell, Pettit, on the 27th of January 1834, made a deed of trust conveying a tract of land in Fluvanna to Abraham Shepherd, in trust for the purpose of securing the payment of the bond to Terrell. Default being made in paying the bond, the land was immediately advertised under the deed. Whereupon, to wit, in October 1S34, Pettit exhibited a bill of injunction against Jennings, Shepherd and Terrell, alleging that the whole…
1Opinion of the CourtBaldwin, J.
It is unquestionable as a general rule, that the admission of one person cannot be given in evidence against another. There are various exceptions to the rule, of which I need notice here only such as arise out of a connexion of interest between the person making the admission and him against whom it is offered. In solving a question as to the admissibility of such evidence, regard must be had to the nature of the connecting interest, and the time of making the ad-' mission. The nature of the connecting interest may be that of a joint ownership or liability, or that of a derivation of title…
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