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In a Tryal at Bar between Mills and Ber∣nardiston, an Answer of L. M. surviving Trustee, under whom the Plaintiff claimed, was offered for Evidence; but being after a Conveyance by him, the Court refused; but had it been before, it would be good a∣gainst
all claiming under him.* 1.1 But Twisden denied it, because an Answer does not dis∣cover the whole Truth, and therefore shall be only admitted against the Party himself that made it, and not of one Defendant a∣gainst another, much less against a Stranger, 2 Car. 2. B. R. And by Ley, Chamberlain and Dodderidge, a Defendant's Answer in an Eng∣lish Court, is a good Evidence to be given to a Jury against the Defendant himself, but it is no good Evidence against other Parties, Godb. Case 418. 2 Rolls Rep. 311. Berisford and Phillips. And if the Defen∣dant's Answer be read to the Jury, it is not binding to the Jury, and it may be read to them by the Assent of the Parties, Godb. 326.
An Infant answered a Bill in Chancery by his Guardian;* 1.2 and it was a Question in Leigh and Ward's Case in a Tryal at Bar in Ejectment, where the Infant was Party, whe∣ther that Answer could be read in Evidence against the Infant? This Question was sent from the King's Bench by Justice Eyres to the Common Pleas to know their Opinion; and per totam Curiam it could not be read; for there is no Reason that what the Guardian swears in his Answer, should affect the In∣fant, 2 Ventr. 1 William and Mary.
Answer 'good Evidence a∣gainst the De∣fendant himself, but not against other Parties.
Infant's Answer by Guardian, not to be read in Evidence against the Infant.