40 Iowa 22 | Iowa | 1874
I. L. Merchant was introduced as a witness for the defendants, and, against the objections of plaintiff, was permitted to testify that he bought the land in second petition described at sheriff’s sale, and that before the expiration of the period of redemption Breese proposed to loan money to redeem, provided witness would execute to him a warranty deed. That he had not then received a sheriff’s deed, but that Hamburg and wife conveyed to him, and he conveyed to Breese, and Breese let Hamburg have between $1,480 and $1,490,- and was to execute a board for a deed to Hambui’g’s wife on condition that she or Hambm-g would -pay $2,000 in a year. E. Park was also introduced as a witness, who testified as follows: “ Hamburg was owing a judgment on the saw mill, and before the stay run out Breese proposed to loan him the money to pay it off; the amount due was $600. I was to give Breese a deed for the land as security, the same as I had, and Hamburg was to give his note for $1,000, payable in two years. Under this contract, I made the deed to Breese, and he paid off the judgment, and Hamburg gave his notes for $1,000. The deed I gave Breese I think is in the recorder’s office. At that time there was a written agreement as to what should be the effect of that deed.”
It is claimed that these witnesses were both incompetent to testify to these facts against the administrator of Breese, under section 3639, of the Code, on the ground of interest. The .position of appellant seems to be that these witnesses, because
The objection to these witnesses is not tenable. The interest which disqualifies a witness must be a present, certain, and
II. The defendant, Henry Hamburg, was permitted, against plaintiff’s objections, to testify as to the facts respecting the claim made in the first petition, that only $600 was loaned, and a note was executed for $1,000; that Parker executed
For the error in receiving the testimony of the ILamburgs, the judgment is
REVERSED.