Golder v. Golder

Citations

• 102 Kan. 486
• 170 P. 803
• 1918 Kan. LEXIS 73

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Gift — Execution of Deed-HJndue Influence — Evidence. Evidence relating' to the validity of a deed to a farm examined, and held sufficient to show that the deed was a lawful gift, that the grantor acted intelligently, independently-, and of her own volition, and free from undue ^ influence on the part of the grantee.</p> <p>2. Same — Incompetent Witness■ — Deposition Taken by Opposite Party— Incompetency Waived. Where the plaintiffs take the deposition of the defendant grantee of a deed which is assailed on the grounds that the grantor was mentally incompetent to make it and that she had made it through the undue influence of the grantee, and where such deposition is filed in court by the plaintiffs, but not offered in evidence by them, the taking of defendant’s deposition by the plaintiffs is a waiver of objections to his testimony, and the deposition may properly be read in evidence on behalf of the defendant grantee.</p>