Reports of Cases Argued and Determined in the Supreme Court of the State of Kansas Volume 69

Reports of Cases Argued and Determined in the Supreme Court of the State of Kansas Volume 69

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1905 edition. Excerpt: ...G. H. Roach, the former claiming, as heirs, the undivided one-half of this lot and asking that it be divided and that they be placed in possession of their part. The defendants claimed that G. A. Roach sold his interest to G. H. Roach. On the trial, defendant Mary Roach, the widow of G. H. Roach, waspermitt-ed to testify to a conversation between herself, her husband, and C. A. Roach, which, according to her testimony, was a sale by C. A. Roach of his undivided one-half of this lot to her husband. This evidence was admitted over the objections of the plaintiffs and is the first error assigned. Section 4770 of the General Statutes of 1901 reads: "No party shall be allowed to testify in his own behalf in respect to any transaction or communication had personally by such party with a deceased person when the adverse party is the executor, administrator, heir at law next of kin, survivinrfi artner or assi nee I b P g of such deceased person...." Under this statute, when the parties on one side of a controversy are the executors, administrators, heirs at law or next of kin of a deceased person, and have acquired title to the cause of action immediately from such deceased person, the adverse party cannot testify to any transaction or communication had personally with such deceased person. Argument could not make this statute plainer. The plaintiffs in this action were heirs at law and next of kin of O. A. Roach, deceased. Mary Roach was one of the adverse parties, and was clearly excluded by this statute from testifying to any conversation had with C. A. Roach, or to any con versation between him and another in which she had taken part, concerning the cause of action. On the trial plaintiffs introduced one O. E. Ashenfelter, more

Product details

  • Paperback | 328 pages
  • 189 x 246 x 18mm | 585g
  • United States
  • English
  • black & white illustrations
  • 1236868811
  • 9781236868817