Dyer v. Martin

Citations

• 5 Scam. 146

Syllabus

<p>Appeal from Fulton.</p> <p>i, Witness — competency of party. In a court of chancery á witness is not necessarily incompetent because he is a party to the record. The enquiry is not so much whether the name of the witness appears upon the record, as whether he is in fact swearing to promote his own interest, (a) </p> <p>2. Same — jurisdiction of chancery. The sources resorted to in a court of equity, for the purpose of ascertaining the truth, are much more numerous [*147] than in a court of law. In chancery a defendant may be compelled, upon his oath, to disclose, in his answer, all he knows of the subject matter of the controversy, no matter how much it may prejudice his pecuniary interest; and by such disclosure he shall be bound, although his answer shall not be allowed to affect his co-defendant. To effect his co-defendant, he must be called upon by the adverse party, in the same way as any other witness, (usually under a rule of the court,) and then the enquiry arises, whether he has any interest adverse to the party against whom he is called. If he has, he is incompetent. If he has not, he is as competent as if his name did not appear on the record. Nor is it a fatal objection that he has an interest in the event of the suit, unless his interest be against the party whose interest is sought to be prejudiced by his testimony; and even where the witness has an interest in favor of the party calling him, he may still be competent, if it appear that he has an equal interest on the other side.</p> <p>3. Same — incompetent. A had purchased a tract of land of B, upon which there was due, of the purchase money, $575, and had sold the same land to C, but could not make a title to the same, because B would not convey the same before he was p.aid in full for the land. The land was worth $1,500: Held, that in a suit in chancery by C against A and B, for a conveyance of the premises, B was not a competent witness for the complainant.</p> <p>4. Statute of Frauds — must be