Phelps v. McGloan

Citations

• 42 Cal. 298

Syllabus

<p>Eindincs not Disturbed, where Confict of Evidence.—It is the uniform practice not to disturb findings on appeal as contrary to evidence, where there is a substantial conflict of evidence.</p> <p>Conversations ' Explanatory of Character of Possession as Evidence.—In ejectment on the ground of prior possession in plaintiff’s grantor, it is competent for the defendant to show a conversation of such grantor while in possession, tending to explain its character, whether as a claimant in his own adverse right, or as tenant of defendant’s grantor.</p> <p>Recalling Witness to Contradict Testimony Conflicting with his own.—It is no error to refuse to allow a plaintiff to recall a witness in rebuttal for the sole purpose of contradicting a witness for defendant on a point upon which plaintiff’s witness has already testified.</p>