Nessly v. Swearingen

If the plaintiff succeed, the defendant will sue Shepherd, on his contract to convey to him. If the defendant succeed, the plaintiff will sue Shepherd, on his contract to convey to him. Thus being equally bound to both, he stands as indifferent between them, as if bound to neither, and is a competent witness.

The opinion of the court was delivered to the jury in favour of the defendant; and the plaintiff then suffered a nonsuit.