Madden v. Stegman

Citations

• 88 Kan. 29
• 127 P. 524
• 1912 Kan. LEXIS 9

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Ejectment—Answer—Different Sources of Title. Where in ejectment a defendant in an answer claims title under a deed from the plaintiff, and the evidence discloses that this deed was given to clear the title upon the payment of a debt to secure which the defendant had executed a deed to the plaintiff, such pleading should not preclude the defendant from</p> <p>. recovering upon a title held prior to the giving of such security-deed, where the plaintiff is given full opportunity to meet the claim of such prior title.</p> <p>2. --— Evidence — Declarations of Husband Inadmissible against Wife. In ejectment brought against husband and wife by one who has purchased the propery at sheriff’s sale on an execution against the husband alone, where both defendants maintain that the wife was the sole owner, declarations of the husband asserting title in himself are not ordinarily admissible against the wife.</p> <p>3. Evidence—Stenographer’s Transcript. The statute authorizing the stenographer’s transcript of the testimony of a witness to be introduced in evidence by any party “under like circumstances and with like effect as the deposition of such witness,” permits such use only in actions between persons who were parties to the litigation in which the testimony was given.</p>