Harvey v. Ward
Synopsis
A Judgment as Evidence.—If one of two partners own real estate as such, and one of them is indebted to the other, and the creditor sells his interest in the real estate and .partnership assets, and his demand against the other to a third person, and such third person brings an action against the partners for an accounting, and to have the amount due the partner from whom he purchased declared a lien on the partnership real estate, and recovers judgment, such judgment is evidence tending to show an indebtness from the debtor partner to the plaintiff, in an action brought by the plaintiff, to enforce the lien of the judgment against the real estate, against a fourth person who bought the real estate from the debtor partner during the pendency of the former action.
By the Court: 1. We think that the findings of the Court are sustained by the evidence.
2. There was no error in overruling the objection to the introduction of the judgment roll in the action of Harvey v. Finch. The objection taken was that the roll was “irrelevant, immaterial and not pertinent to any issue in this case.” The judgment roll was admissible as evidence tending to prove the indebtedness of Finch to the plaintiff.
Judgment affirmed. Remittitur forthwith.
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