Rester v. Powell

Citations

• 120 La. 406
• 45 So. 372
• 1907 La. LEXIS 663

Syllabus

<p>1. Witnesses — Competency—Attokney and Client.</p> <p>There can be no question of “privileged communications” between an attorney and his client which should prevent the former from testifying to what took place at an interview between them, on the one side, and another person, having an adverse interest, on the other side.</p> <p>[Ed. Note. — For cases in point, see Cent. Dig. vol. 50, Witnesses, § 764.]</p> <p>2. Appeal — Peesumptions — Exclusion op Evidence.</p> <p>Where a litigant objects to his attorney testifying to what passed between him and the opposing litigant (at an interview at which all were present), on the ground that, as to the attorney, the matter is privileged, and the objection is sustained, it will be presumed in this court that, if given, the testimony would tell against the objector.</p> <p>[Ed. Note. — For cases in point, see Cent. Dig. vol. 3, Appeal and Error, §§ 4038, 4041.]</p> <p>3. Evidence — Paeol Evidence — Ambiguity in Whiting.</p> <p>Where, in an act otherwise purporting to be one of sale, the “thing” said to have been sold, for a single price, is a tract of land with the building's and improvements thereon, and the contraetants stipulate that such buildings and improvements (the relative value of which is not shown) “shall not be removed therefrom during the tenure of this mortgage,” the “thing” in question not being surrendered to the absolute dominion of the supposed vendee, and the contract being styled by such contraetants a mortgage, there is upon the face of the instrument no sale, the contract is ambiguous, and evidence aliunde is admissible to explain the ambiguity.</p> <p>[Ed. Note. — For cases in point, see Cent. Dig. vol. 20, Evidence, § 2085.)</p> <p>4. Same.</p> <p>Where evidence aliunde is admissible to explain the ambiguity of a contract by authentic act, such evidence does not become inadmissible by reason of answers to interrogatories on facts and articles with which it may conflict. The answers in such case and