McKone Et Ux. v. McConkey

Citations

• 185 P. 520
• 77 Okla. 3
• 1919 OK 346
• 1919 Okla. LEXIS 225

Syllabus

<p>(Syllabus by tbe Court.)</p> <p>1. Trial — Demurrer to Evidence — Effect.</p> <p>A demurrer to the evidence admits the truth of all the evidence adduced, and all the facts which the evidence tends to establish, as well as every fair and reasonable inference to be drawn 'therefrom.</p> <p>2. Contracts — Capacity to Make — Necessaries.</p> <p>Under section 888, Rev. Laws 1910, a person entirely without understanding has no power to make a contract of any kind and is only liable for the reasonable value of things furnished to him for his support or the support of his family.</p> <p>3. Bilis and Notes — Bona Fide Purchaser— Title.</p> <p>Under section 4109, c. 49, art. 5, Rev. Laws of 1910, pertaining to negotiable instruments, when it is shown that the title of any person who has negotiated the instrument was defective, the burden is on the holder to prove that he, or the party under whom he claims, acquired the title as a holder in due course.</p>