Miles v. Sackett

The conversation between the witness. Jane O. Bush, and the testator took place at a different time from the conversations proved on behalf of the defendant to maintain his defense. The object was to prove declarations of the testator *153in Tais own favor, against the defendant, which it was not competent for the plaintiffs to give in evidence.

For the improper admission of this evidence the judgment is reversed and a new trial ordered, with costs to abide the event.