4 Tenn. 30 | Tenn. | 1816
This was debt upon a bond to deliver a negro to the plaintiff, on or before the 1st of April, 1788. The action was commenced the 19th of August, 1809. Performance of the condition was pleaded, and issue was joined upon it. On the trial of the issue, Brown was offered as a witness, who objected to himself, and being examined on his oath respecting his interest in the event of the cause, said the obligee put this bond into his hands to sue upon, and agreed to give him a part for recovering on it. The court * ordered him to be sworn in chief, and upon that oath he said that the obligee, when he put this bond nto his hands, informed him that a negro had been paid in part, and that ¿625 remained still due. The court decided that he was
See, as to new trial on account of incompetent■ testimony, Glasscock v. Wells, Cooke, 262; Peek v. State, 2 Hum. 78; Neal v. Peden, 1 Head, 546; Hill v. Nall, 2 Tenn. 242; Wilson v. Smith, 5 Yer. 379; King’s Digest, 1588, 6205, 8940, 9360.