npHE plaintiff, sued fqr two Negroes, and called upon a wk^ - ■ ness .to prove the. detainer, who said he owned one of the Negroes descended from the wench, the defendant was sued, for; and that,if. the. defendant lost her, he, the witness, would,. Ipse his also.
Seawell insisted the witness .could not' be sworn if he conceived himself interested,, and cited Stra. IS9..
Hall, Judge.
The rule is, if the verdict in the present case cannot be given in evidence, in the suit against the witness, he shall be deemed disinterested; and it is no exception to the rule that he conceives himself interested, when in reality he is not.
He was sworn, and proved the detainer, and the plaintiff had ?. verdict and judgment./