Halifax,

October Term, 1790.

#### FERRELL versus PERRY.

DETINUE, for a negro formerly the property of John Ferrell, the plaintiff's grand-father, who claims him under a gift which was clearly proved.

The defendant claims under a presumptive gift from John Ferrell to William Ferrel, his son in law, previous to the gift to the grandson, and on the trial Norwood (who claimed a negro who was given in the same manner and exactly under the same circumstances, tho' there was no suit against him,) was offered as witness for the defendant.

Objected by Davie for the plaintiff,

and to shew that he ought not to be a witness read the case of Abrams qui tam, before lord Parker, reported by Lucas, which says that where there is a bias, though not an immediate interest, it is a good objection, and also *28in Morgan’s Law Essays, a late case before lord Mansfield and justice Butler.

But Moore condemned the authority of Lucas, and contended that the old rule of being immediately interested was the only sure guide for since the courts have departed from that there has been no land mark, &c.

Of which opinion was the court, for they said that the present verdict cannot be given in evidence in an action against the witness, &c.

Williams, J. and Spencer, J. present.