Watts v. Garrett
Court of Appeals of Maryland
Appeal from Baltimore County Court. On the 9th of July, 1828, the appellant brought Replevin, against the appellee, to recover a negro slave, alleged to be the property of the appellant.
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Appeal from Baltimore County Court. On the 9th of July, 1828, the appellant brought Replevin, against the appellee, to recover a negro slave, alleged to be the property of the appellant. The defendant pleaded, linon cepit” property in himself, and limitations, to which they were replications, and issues were joined. 1. At the trial the plaintiff offered Margaret Willis as a witness, by whom he proposed to prove, that the negro in controversy was his property ; but it being in proof, that the witness was guardian of the plaintiff, and that this negro was, during the plaintiff’s minority, the…
1Opinion of the Court
Buchanan, Ch, J.,
delivered the opinion of the court.
It does not appear in the bill of exceptions, and looking to the record only we are left to conjecture, on what ground the objection to the competency of the witness offered on the part of the plaintiff was made and sustained, and her testimony rejected by the court. But we are informed *357by counsel in argument, that she was interested in the event of the suit, and therefore incompetent. If it appeared, that the effect of her testimony would have been to rid herself of a responsibility, and to cast it upon the defendant, the objection to her…
2Cited by2 opinions
- Andre v. BodmanCourt of Appeals of Maryland · 1859
- Melvin v. MelvinCourt of Appeals of Maryland · 1854