case KILDESLEY versus DFISHER at the chancellor house Lord chancellor eoden  die a defendant examine for the plaintiff may demurrer to a interrogatory  because she be concern in interest a order be make to examine the defendant as  a witness and she demurrer to a interrogatory because she be concern in  interest in the question and insist that she be not oblige to prove the  plaintiff title against herself and that the usual allegation that the  defendant be not concern in interest be leave out of the present order Mr  solicitor general for the plaintiff this be no good cause of demurrer since we  have submit to take her oath though it may be suppose that she be bias against  we and her own deposition at the hear may be read for herself and the other  defendant though she can not read her own answer and her testimony be  unexceptionable because she can be suppose to befriend we it will be a good  objection indeed for the other defendant to say she be interest for we and  therefore it be usual to insert in these order that the defendant be not  concern in interest to show the court that he be a competent and indifferent  witness Lord chancellor the method of the court be where the plaintiff be  oblige to make several defendant pure out of form to give he mosely report  leave to examine those who be not concern in interest that be who be not  interest for the plaintiff and it will be hard when the plaintiff be oblige to  make party not interest defendant that he shall lose the benefit of their  testimony and therefore the court give the plaintiff leave to examine they but  this defendant be not a formal but a material party in point of interest what  you can expect from her examination you may have from her answer which will be  evidence against her and though she swear to tell the whole truth on her  examination she need not answer where her interest be concern of which she be  to judge for herself and therefore I allow the demurrer post Cas Chan Cas she  likewise demurrer to be examine to a deed whereto she be a witness Lord  chancellor if she be a witness you can examine her to the execution as to so  much therefore the demurrer must be overrule but not as to any other question  and therefore the demurrer must stand as to the rest cur cane mosely report er  p