Stevenson vs. Chapman, 12 N.H. 524
Opinion
Parker, C. J. The objection to the admission of the witness cannot be supported. It seems to be well settled, that a grantor may be a witness to show that his deed is invalid, even for fraud, if he have no interest in the case. 5 N. H. Rep. 181, Hadduck vs. Wilmarth ; 9 N. H. Rep. 347, Marston vs. Brackett; 2 Ld. Raym. 1008, Title vs. Grevett; 11 Mass. R. 368, Worcester vs. Eaton; Ditto 498, Loker vs. Haynes; 15 Pick. R. 420, Hudson vs. Hurlburt; 13 Maine 9, Wise vs. Tripp; 4 Vermont R. 493, Seymour's Ad'r vs, Beach; 6 Johns. R. 135, Jackson vs. Frost; 6 Wend. R. 415, Jackson vs. Packard.
The weight of his testimony, if he swear to his own turpitude, is to be considered by the jury. It is now settled in this state, in relation to negotiable paper, that a party who has given currency to it is a competent witness to show that it was void at the time. 9 N. H. Rep. 349, Marston vs. Brackett; Odiorne vs. Howard (10 N. H. Rep. 343) ; Haines vs. Dennett, (11 N. H. Rep. 180.) Judgment for the defendant.
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