
    GENERAL COURT,
    MAY TERM, 1799.
    Belt vs. Perry.
    Trespass, vi et armis, for taking a grey stud horse. called Shakspears, of the value of 200Í. current money, and converting him, &c. The general issue pleaded.
    The. plaintiff, at the trial, offered Joseph Magrnder as a witness, by whom he offered to prove, that the horse for which this suit is brought was the property of the plaintiff, and that a conditional contract vas made, between the, plaintiff and witness for the said horse, which Contract was afterwards cancelled. The plaintiff offered another, witness, who deposed, that he, had beard both the plaintiff and tlie witness, 'Magrnder, about the time the contract was made, say that the contract for the said horse was a conditional bargain; that he afterwards heard them say that the said contract was cancelled.' That the conversations which he heard from the plaintiff and Ma* 
      
      grader were heard from them singly and separately, and that he never did hear the plaintiff and Magruder when together, converse on the subject.
    The defendant objected to the said Magruder being •sworn as a witness, Jlcging that he was interested; and to prove an it ven st in the said Magruder, offered to prove to the court that he, the defendant, was a collector of taxes in Allegany county, and that the said Magrudcr acknowledged himself indebted for taxes in the said county, and promised payment thereof to the defendant; that Magruder afterwards moved out of the said county with his personal property, not having paid the said taxes, in consequence of which the defendant distrained and sold the said horse for payment of the said taxes so acknowledged due. Also that the said Magruder informed a witness, that the defendant had taken his horse, meaning the grey horse for which this suit is brought. Also that the plaintiff told a witness that, the defendant ought not to he angry with him, because the said Magruder had brought the suit, and only made use of his the plaintiff’s name.
    
      Mason, for plaintiff.
    
      Johnson, for defendant.
   Chase, Ch. J.

The court are of opinion, that Joseph Magruder is not interested in the event of this suit, but is a competent witness to give evidence of the facts proposed to be proved by him, and he is allowed to |ie sworn and examined;

Th»'. defendant excepted. Verdict for the plaintiff, and damages assessed to 30L 5s. 4d. current money. Plaintiff nonsuited, the sum found by the jury not being within the jurisdiction of this court. 
      
      
         Duvall and Done, J, concurring.
     