HUNTER vs. WALLACE, FINLEY, AND KNOX, 1 Overt. 239

Overton, J. At March term, 1807, when the issues were tried, stated to the jury, that agreeably to the modern practice in equity, answers are uniformly read to the jury. The general rule in relation to which, is, that there must be two witnesses to disprove a fact stated in an answer, or one witness corroborated by circumstances.

Though this is the general rule with the court, who cannot like a weigh the credibility of testimony,it is not conclusive on the jury, and they may find one way or the other, as they may judge the weight of evidence lies, taking into view the answers which are taken as true, in such parts as are responsive to the bill, unless disproved. At that time he was also of opinion, that, the title of Finley should be voidable, in consequence of his having purchased with notice, and vested in the plaintiff. That Finley should pay all costs, except the costs of Knox’s answer, which he should pay himself. Campbell, J.

Dubitatur. White, J. absent, having been employed as counsel. Continued until this term, when. Campbell, J. consented that a decree might pass agreeably to the opinion as delivered above, SeeContra Sugden, 505 but see 2 Caine's C. E. 70. 6 John. 523. Hardin 530,544.