The Court,
allowed the objection.
Newbern,
March Term, 1797.
TROVER for several slaves. The plaintiffs claimed them under a division (by consent of all parties) of slaves held in joint tenancy under a will by their intestate, the person under whom the defendant held, and others.
One of those persons, who had taken a lot of slaves under this division, but who was no party to this suit, was introduced on the part of the plaintiffs, to shew that such a division by consent, had been made.
The defendant’s counsel objected to that person being sworn, on the ground of interest, and on argument:
Taylor and Graham for the plaintiffs :
Badger and Harris for the defendant.
The Court,
Williams, J. and M’Coy, J.
allowed the objection.