Robertson v. Wangler

Citations

• 107 Kan. 45
• 190 P. 788
• 1920 Kan. LEXIS 9

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Action- — •Ejectment■—Partition—Accounting. A ruling admitting evidence is held to have been nonprejudicial.</p> <p>2. Evidence — Transaction with Person Since Deceased. The rule that the statute relating to the incompetence of a party under certain-circumstances to testify concerning transactions with a person since deceased may be waived by the adverse party examining him as to a part of the transaction involved, is applied in this situation: A party testified in his own behalf that he had seen a deed (under which he claimed) delivered by the grantor (his grandmother) to the grantee (his mother). On cross-examination it was brought out that just before the delivery he had gone to the grantor’s house, found the deed, and brought it to her. It is held that on cross-examination he was properly permitted to testify further that the grantor had told him where the deed was and sent him to get it.</p> <p>3. Same. In the circumstances above stated it is held that the witness’ getting the deed for his grandmother and her delivering it to his mother are not so connected as to cause the delivery to be regarded as a transaction to which he was a party, and therefore to render- him incompetent to testify concerning it; nor is his testimony to be rejected on the theory that its admission would be a violation of the spirit of the statute.</p> <p>4. Same — Unsworn Declaration of Party in Possession of Land. Testimony of unsworn declarations is held not to have been of such a nature as to be rendered admissible because of the speaker being in the possession of the land in controversy.</p> <p>5. Practice — Instructions. Rulings in the giving and refusing of instructions are held not to warrant a reversal.</p> <p>6. Same — Omission to File Pleadings- — Jury Trial. The fact that some of the defendants whose interests were identical with the plaintiffs omitted to file pleadings, is held not to have resulted in a denial to the appellants of their rig