Newbern,

March Term, 1797.

#### STARKEY’s ADM’RS. versus M’CLURE.

TROVER for several slaves. The plaintiffs claimed them under a division (by consent of all parties) of slaves held in joint tenancy under a will by their intestate, the person under whom the defendant held, and others.

One of those persons, who had taken a lot of slaves under this division, but who was no party to this suit, was introduced on the part of the plaintiffs, to shew that such a division by consent, had been made.

The defendant’s counsel objected to that person being sworn, on the ground of interest, and on argument:

Taylor and Graham for the plaintiffs :

Badger and Harris for the defendant.

The Court,

Williams, J. and M’Coy, J.

allowed the objection.