...representatives of a decedent arising out of any transaction with such decedent neither party will be allowed to testify against the other as to any transaction with or statement by the testator or Intestate. William Jernigan had executed a warranty deed to AS Ablowich, who conveyed his lot to...

...because in its opinion it was inhibited by article 3690, Revised Civil Statutes 1911. That article reads: "In actions by or against executors, administrators...or guardians, in which judgment may be rendered for 01 against them as such, neither party shall be allowed to testify against the others as to any transaction...

...Rev. St 1895, art 2302, providing that in actions by or against executors, etc., neither party may testify against the other as to any transaction with or statement by the testator or intestate, the deposition of a defendant to a suit by an administratrix is incompetent, although...

...Rev. St. 1895, art. 2302, providing that, in actions by or against executors, neither party shall he allowed to testify against the other as to any transaction with or statement made by the decedent, does not render an agent of the adverse party not interested in the suit incompetent...

...be no exclusion of any witness because he is a party, or interested in the issue tried, except that neither party shall be allowed to testify against the other as to any * * • statement by any deceased person whose estate is interested in the result, " a trustee, under...

...decedent." Clearly, we think, the proceeding for the appointment of an administrator Is not an action by or against executors, administrators, or guardians in which Judgment may be rendered against them as such, nor Is it an action by or against the heirs or legal representatives of a deceflent....

...the rleed was intended for a mortgage. 2. Code Ala. § 2765, provides that neither party to a suit shall be allowed to testify against the other, as to any transaction with any deceased person, who acted in any representative or fiduciary relation whatever to the party against...

...The testimony of the husband, Sutton L. Brown, was clearly obnoxious to the statute which provides that in actions by or against executors, administrators, or guardians, in which judgments may be rendered for or against them as such, neither party shall be allowed to testify against...

...actions no witness shall be excluded because he is a party to the suit or interested in the issue to be tried. Provided, That in actions by or against executors,...be allowed to testify against the other as to any transactions with or statements of the testator, intestate or ward, unless called to testify thereto...

...actions, no witness shall be excluded because he is a party to the suit, or interested in the issue to be tried: provided that in actions by or against executors,...be allowed to testify against the other as to any transactions with or statements of the testator, intestate or ward, unless called to testify thereto...