Culberson v. Everett
Culberson v. Everett
Opinion of the Court
1. Under the Civil Code (1910), § 5858, par. 1, in an action to cancel a deed and recover land, the opposite party to the grantee of the deed from a deceased person, is not competent to testify in his own behalf to transactions and communications with such deceased person, affecting adversely the title conveyed by the deed; and this is true whether such transactions and communications were had by such deceased person with the party testifying, or with any other
2. The evidence for the plaintiff did not authorize a recovery, and the court did not err in granting a nonsuit.
■Judgment affirmed.
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