Hess v. Hartwig

The opinion of the court was delivered by

Johnston, C. J.: The ownership of certain notes' and mortgages is the subject of dispute between the parties. On a former appeal many of the facts out of which the controversy arose were stated. (Hartwig v. Flynn, 79 Kan. 595.) In the final trial to determine the title of the notes and securities, wherein the administrator prevailed, there was contention as to the admissibility of the testimony of William and Frederick Hartwig, much of which was excluded; and upon the conclusion of the testimony for appellant the court sustained a demurrer to his…