Burnam, 111 Okl
“* * * Provided, you to definitely in most instances when the home are gotten of the shared industry regarding wife and husband while in the coverture, and there is not a problem, the whole estate will go to the survivor, during the whoever death, or no of said assets are nevertheless, one-1 / 2 of such as for example possessions should check out the heirs of your own spouse and another-50 % of on heirs of one’s girlfriend, according to the best out of signal.”
¶18 Brand new demonstration judge rendered judgment adding therein the aforementioned conclusions and you can results, and you will therein receive and you will adjudged one Lena got passed down the entire demand for the house, that the usually out-of Lena, supra, got thrown away told you property by creating an equivalent to help you Alexander Linder Seay, and you may quieted identity resistant to the defendants and only plaintiff.
¶19 Ahead of proceeding so you’re able to a factor of these propositions away from error our company is required to determine into the getting rid of that it desire i direct focus on the next issues and statutes off rules.
¶20 Brand new functions into the action do not concern brand new validity or perhaps the courtroom sufficiency of your deeds so you can import the title to the possessions so you can R.D. Payne.
¶21 Into the Lindsay County Lender v. 74, 219 P. 904, i held the planning condition within the a deed off conveyance is conclusive for the true purpose of giving feeling with the surgical conditions of one’s deed; but for almost every other purpose it’s available to reason by the parol research, in fact it is prima facie proof simply of your own amount, type, and you may bill of your own consideration, and you will parol facts are admissible to display what the real consideration try. Select plus Webb v. 248, 239 P. 653; Tayiah v. Bunnell, 77 Okl. 40, 186 P. 240; Kirkpatrick v. Jacobson’s Lives Buildings, Inc., Okl., 467 P.2d 489.
¶23 All round code is the fact that testimony in what a deceased people said throughout the their lives try hearsay plus it isn’t made competent because of the undeniable fact that the declarant have died as the particularly declaration was made. Slater v. Shared Benefit Fitness & Collision Assn., Okl., swinger dating services 393 P.2d 838.
¶twenty four The newest declaration out of Lena that the Hendersons relevant within their testimony was made adopting the death of Roentgen.D. Payne and may not have started built in his exposure. It absolutely was for this reason inadmissible for this then need. Comprehend the Slater instance, 393 P.2d 839, during the p. 842, and Shaw v. Shaw, Okl., 282 P.2d 748, 752.
¶twenty-five So it inhibition is not relevant to another testimony, supra, once the remaining comments caused by Lena and you can R.D. Payne were associated while the being produced in the clear presence of both. The fresh findings and you will wisdom of one’s demonstration court do not have the advantage of the newest Hendersons’ testimony.
McGrew, 96 Okl
¶26 Defendants craving that the testimony of your own attorney James H. Ivy is subject to rejection that is objectionable with the extent that it prejudiced the fresh defendants’ case.
¶twenty seven Defendants cite meant for so it proposal an advisory Thoughts of one’s Oklahoma Club Organization Court Ethics Committee, Zero. 114, appearing in the web page 96 off an enthusiastic Appendix to Oklahoma Decisions, 341-343 P.2d. The newest opinion with it Code 21 of Laws out of Elite group Conduct [Canons out of Elite group Ethics, cannon 19] regarding the propriety out of a legal professional becoming a witness for his customer and at the same time frame acting as the recommendations having their buyer in identical case, and offers one to “Except whenever important to the newest stops of justice, an attorney is prevent testifying inside courtroom from inside the part out of his buyer.” The newest advice emphatically states you to definitely even in aforementioned for example the fresh new attorney will be completely withdraw regarding the instance when your affairs will enable, and give a wide berth to uniting the smoothness off guidance and you can witness throughout the same instance.