Smith v. Smith

Almand, Justice.

(After stating the foregoing facts.) Special ground 1 complains that the court erred in permitting the plaintiff to testify as to a conversation he had with his deceased brother, E. C. Smith, in which the plaintiff was allowed to relate the contents of an oral agreement had with the deceased as to a boundary line between their respective properties; the ground of objection being that, under the provisions of Code, § 38-1603 (1), the plaintiff was not competent to testify. It appears without dispute that the defendants hold title to the property adjoining the plaintiff’s…