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Texas v. Chiles U.S. 488 (1875)

handle is hein.slavery/ussccases0462 and id is 1 raw text is: Statement of the case. did not die before the summer of that year, this part of their case fails. It is next insisted in the bill, but not in the argument, that the defendants are estopped from setting up the deed in question by reason of the trust deeds to Costa, executed afterwards by the Kirchbergs at the request of Wahrenberger, to secure the debt due to him, and that, therefore, it should be cancelled. This is in direct conflict with the uniform current of de- cisions in this court, commencing with Blight's Lessee v. Rochester,* and ending with Merynian v. -Bourne.t It is next urged in the argument that the deed was given as a mortgage to secure a debt which has been paid. There is no allegation in the bill to support this claim. The recovery must be had upon the case made by the plead- ings or not at all. It is unnecessary to consider the effect, under the laws of Texas, of the judgment in the action of trespass instituted by the complainants to try their title to the property. DECREE AFFIRMED. TEXAS V. CHILES. 1. The purpose of the act of Congress (Revised Statutes, 858) enacting that in courts of the United States no witness sball be excluded . . . in any civil action, because he is a party to or interested in the issue to be tried, Provided, &c., was to put the parties to a suit (except those named in a proviso to the enactment) on a footing of equality with other witnesses; that is to say, to make all admissible to testify for themselves, and all compellable to testify for others. 2. An order accordingly made for a subpcena to a defendant in equity, in order that his deposition might be taken for the complainant. THIS was an application for an order that a subpogna issue for John Chiles, the defendant in the case of Texas v. Chiles TEXAS V. CHILES. [Sup. Ct. *7 Wheaton, 535. t- 9 Wallace; 600.

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