Reynolds' ex'or v. Callaway's ex'or

Citations

• 31 Va. 436

Syllabus

<p>B’s executor brought an action of debt upon a bond against the executor of C. C was one of four obligors on the bond, all of whom were dead but T, and T was a discharged bankrupt. The only issue in the case was on the plea of payment—Held:</p> <p>1. That T having been released from the payment by his discharge in bankruptcy, was a competent witness at common law for the defendant, to prove payment of the debt.</p> <p>2. The statute, Code of 1873, §§ 21, 22, was intended to remove incompetency in certain cases, and not to create it in any case, and T being a competent witness at common law, is not rendered incompetent by the statute. And this especially since the act of April 2,1877, Sess. Acts of 1876-77, ch. 256, amending the former act, which, though passed after the suit was brought, was in force at the time of the trial, and therefore governs the case.</p>