Delee v. Sandel

This is a claim against the succession of Wade E. Qaulden, brought by an assignee and attempted to be proved up by the testimony of the *209assignor, John Jeter. The defendant excepts to this witness, on the ground that he is bound in law to warrant the existence of the debt assigned. This objection ought to have been sustained, Jeter was clearly incompetent without a release, and there is no release in the record. He was examined under a commission, and in answer to the fourth interrogatory propounded to him by plaintiff he says, “ I am in no manner whatever bound as warrantor or otherwise on…