Burnam, 111 Okl

“* * * Provided, one to throughout cases where the house or property is actually obtained from the shared community out of wife and husband throughout the coverture, as there are no hassle, the entire home shall go to the survivor, at whoever passing, if any of your own told you possessions are, one-1 / 2 of for example property will visit the heirs of spouse and one-50 % of to the heirs of spouse, according to the correct regarding logo.”

¶18 New trial judge made view including therein the above conclusions and results, and you may therein receive and you may adjudged one to Lena had passed down the entire interest in the home, the commonly out of Lena, supra, got discarded said property because of the devising an equivalent so you’re able to Alexander Linder Seay, and you may quieted term against the defendants in favor of plaintiff.

¶19 Before continuing to help you a consideration of these offres from mistake we have been needed to dictate in the getting rid of that it attract we lead focus on the next facts and you can guidelines out of laws.

¶20 The new activities for the action don’t question brand new authenticity or even the courtroom sufficiency of your deeds to help you transfer the new title towards the assets so you can Roentgen.D. Payne.

¶21 During the Lindsay County Financial v. 74, 219 P. 904, we kept that the thought term inside a deed off conveyance is conclusive for the intended purpose of providing perception with the surgical words of your own deed; however for various other goal it’s available to cause by the parol evidence, and is prima facie proof just of your matter, form, and you will receipt of your attention, and parol facts are admissible to show just what real consideration was. Discover and Webb v. 248, 239 P. 653; Tayiah v. Bunnell, 77 Okl. 40, 186 P. 240; Kirkpatrick v. Jacobson’s Lifestyle Property, Inc., Okl., 467 P.2d 489.

¶23 The entire code is the fact that the testimony as to what a deceased individual told you throughout his lifetime was rumors plus it isn’t rendered competent from the undeniable fact that the latest declarant provides died as such as for example report is made. Slater v. Shared Work for Fitness & Accident Assn., Okl., 393 P.2d 838.

¶twenty-four The new statement away from Lena that Hendersons associated in their testimony is made following the death of R.D. Payne and may n’t have come made in their exposure. It had been hence inadmissible because of it further need. See the Slater circumstances, 393 P.2d 839, at p. 842, and you will Shaw v. Shaw, Okl., 282 P.2d 748, 752.

¶twenty-five It suppression isn’t applicable to another testimony, supra, since the leftover statements related to Lena and Roentgen.D. Payne was in fact associated because having been produced in the existence of each other. The brand new results and you may wisdom of your trial courtroom don’t have the main benefit of the fresh new Hendersons’ testimony.

McGrew, 96 Okl

¶twenty six Defendants desire the testimony of your own attorney James H. Ivy was at the mercy of getting rejected which is objectionable on the extent which prejudiced this new defendants’ circumstances.

¶twenty-seven Defendants mention in support of which suggestion a consultative Thoughts of one’s Oklahoma Bar Connection Courtroom https://besthookupwebsites.org/spanking-sites/ Integrity Panel, Zero. 114, lookin from the web page 96 of an enthusiastic Appendix so you’re able to Oklahoma Behavior, 341-343 P.2d. New viewpoint in it Rule 21 of Guidelines away from Elite group Make [Canons from Elite group Ethics, canon 19] towards propriety out of legal counsel becoming an experience for their customer at the same time frame acting as guidance to have his visitors in identical situation, while offering you to “But whenever necessary to the latest ends out of fairness, a legal professional will be prevent testifying inside the courtroom when you look at the behalf out-of their visitors.” This new thoughts emphatically says you to definitely in aforementioned like the attorneys should totally withdraw on instance in the event your points commonly permit, and avoid uniting the type regarding counsel and you may experience regarding same case.