Anonymous, 3 N.C. 127, 2 Hayw. 127 (1800)

Oct. 1800 · North Carolina Superior Court
3 N.C. 127, 2 Hayw. 127

Anonymous.

THE plaintiff alledged, the negro in question had been given to him by his father and delivered ; the defendant alledged that the father (many years after this transaction was stated to have happened) by bill of sale conveyed the negro to him; and the wife of the lather was introduced by the plaintiff to prove the gift.

Taylor, Judge.

'She cannot be received as a witness. The father himself could not be a witness, because he shall not be suffered to defeat his own deed; and if he could not, neither san the wife, for she is not competent to prove a fact which he could not be admitted to prove. He relied on 1 Term, 230, and said he was not aware of any decision which had restrained the rule .'here laid «iowti to negotiable papers only.