Burnam, 111 Okl

“* * * Given, one in most cases where the house are acquired from the combined industry out-of wife and husband during the coverture, and there is no hassle, the complete home should look at the survivor, from the whoever passing, if any of your said assets continue to be, one-half of such possessions should visit the heirs of the husband and something-1 / 2 of on heirs of the girlfriend, according to the proper off symbolization.”

¶18 The fresh new demo judge made judgment adding therein these findings and you can conclusions, and therein receive and you can adjudged one to Lena had passed on the entire interest in the home, the commonly regarding Lena, supra, got disposed of told you assets of the devising the same so you can Alexander Linder Seay, and quieted title against the defendants in support of plaintiff.

¶19 Ahead of continuing so you’re able to an issue of them offres away from mistake our company is required to influence for the disposing of so it appeal i head attention to the following items and you will regulations away from legislation.

¶20 New parties for the action do not question the new legitimacy or even the judge sufficiency of your own deeds so you can import brand new identity on the assets so you can R.D. Payne.

¶21 For the Lindsay County Lender v. 74, 219 P. 904, i stored the said term when you look at the an action regarding conveyance is definitive for the intended purpose of offering impact towards the medical conditions of your action; but for other mission it’s accessible to factor by parol facts, and is prima facie evidence merely of the amount, kind, and you will receipt of your own said, and you can parol proof is admissible to exhibit just what actual consideration try. Get a hold of along with Webb v. 248, 239 P. 653; Tayiah v. Bunnell, 77 Okl. forty, 186 P. 240; Kirkpatrick v. Jacobson’s Lifetime Structures, Inc., Okl., 467 P.2d 489.

¶23 All round signal is the fact that testimony as to what a deceased people told you throughout their life try hearsay also it is not made competent by the proven fact that brand new declarant provides died as the including report was created. Slater v. Common Benefit Wellness & Crash Assn., Okl., 393 P.2d 838.

¶twenty-four The newest report out-of Lena your Hendersons associated in their testimony was made pursuing the loss of R.D. Payne that will not have already been produced in their exposure. It was for this reason inadmissible for this after that need. Comprehend the Slater circumstances, 393 P.2d 839, at the p. 842, and you will Shaw v. Shaw, Okl., 282 P.2d 748, 752.

¶twenty-five That it suppression is not applicable to another testimony, supra, once the kept comments associated with Lena and Roentgen.D. Payne was in fact related as being manufactured in the clear presence of one another. The results and wisdom of one’s demo courtroom don’t have the main benefit of the fresh Hendersons’ testimony.

McGrew, 96 Okl

¶26 Defendants craving your testimony of lawyer James H. Ivy are subject to getting rejected which will be objectionable toward the quantity it prejudiced brand new defendants’ instance.

¶27 Defendants mention in support of it proposition a consultative Opinion of your Oklahoma Club Association Court Integrity Committee, No. 114, looking during the webpage 96 off a keen Appendix to help you Oklahoma Conclusion, 341-343 P.2d. The fresh new thoughts with it Signal 21 of Rules regarding Top-notch Make [Canons out of Elite group Stability, cannon 19] regarding the propriety of a legal professional becoming an observe getting his client as well as once becoming the recommendations having their buyer in the same circumstances, and provides you to definitely “But whenever necessary to the new comes to an end out-of justice, an attorney is always to end testifying for the court in account off their buyer.” The fresh new thoughts emphatically claims you to even in the latter like brand new attorney is to completely withdraw on case in case your circumstances often permit, and give a wide berth to uniting the smoothness away from the recommendations and you will experience on exact same circumstances.

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