Sherman v. Bruce

Citations

• 37 Ill. 39

Syllabus

<p>Action of Replevin—incompetency of witness. In an action of replevin, by the agent of the mortgagee of personal property, levied upon under execution, by a creditor of the agent, as his property, the mortgagee is not, as between the agent and the creditor, a competent witness for the former. A recovery by the agent, is, in eifect, a recovery by the mortgagee, and he will not be permitted to testify in his own favor.</p>