Hodnett's Adm'x v. Pace's Adm'r

Citations

• 84 Va. 873
• 6 S.E. 217
• 1888 Va. LEXIS 158

Syllabus

<p>1. Evidence—Declarations of former owner—Case at bar.—In action on bond in name of administrator of obligee for benefit of administrator of assignee against administrator of surety thereon, the beneficial plaintiff offered as evidence of his intestate’s title to the bond, the declarations of the obligee, not made in the presence of the obligors, that he had transferred the bond to the beneficial plaintiff’s intestate:</p> <p>Held: The evidence was mere hearsay and inadmissible. 2. Idem—-Quxre.—Whether or not in a controversy between obligee’s administrator and a claimant of such bond as transferree from the obligee in his lifetime, the declarations of the obligee to the effect that he had transferred said bond to such claimant, would be admissible evidence to prove his title thereto, though made in the absence of the obligors, 3. Idem—Declarations of obligor.—In action on bond against surety, evidence of the declarations of the principal obligor not made in the presence of the surety that the bond had not been paid, is hearsay and inadmissible against said surety.</p> <p>3. Idem—Alteration—Burden of explanation.—Where it appears that on the face of. bond in suit that the date has been so altered that the bar of the statute of limitations was not applicable to the bond, the burden of explaining such alteration rests on the plaintiff. Priest v. Whitacre, 78 Va., 151.</p>