Whalen v. Nisbet
Court of Appeals of Kentucky
Case 81 — PETITION ORDINARY APPEAL PROM LYON CIRCUIT COURT. 1. The testimony of Henry A; Nisbet, one of the appellees, as to statements of his deceased father and aunt were incompetent. And the fact that those statements related to “pedigree” does not alter the rule. (Subsection 2, of sec. 606, Civil Code; Hurry v. Kline, 14 Ky. Law Iiep., 330.) 2. Much of the testimony of this witness would be inadmissible as “pedigree” even if testified to by a competent witness.
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Case 81 — PETITION ORDINARY APPEAL PROM LYON CIRCUIT COURT. 1. The testimony of Henry A; Nisbet, one of the appellees, as to statements of his deceased father and aunt were incompetent. And the fact that those statements related to “pedigree” does not alter the rule. (Subsection 2, of sec. 606, Civil Code; Hurry v. Kline, 14 Ky. Law Iiep., 330.) 2. Much of the testimony of this witness would be inadmissible as “pedigree” even if testified to by a competent witness. The term “pedigree” includes descent, relationship, the facts of birth, marriage and death, and the times when these events…
1Opinion of the Court
JUDGE LEWIS
DELIVERED THE OPINION OE THE COURT.
Appellees brought this suit to recover of appellant land of which he is in possession, but alleged by them to be within boundary of a tract of 2,666f acres, for which a patent'was in 1789 issued by the Commonwealth of Virginia to James Kemp, under whom they claim title as follows : That ho having died intestate the land was inherited byjhis sister and only heir-at-law, Isabella K. Nisbet, who, surviving her husband, devised it to her son, Archibald Nisbet, who devised it to his brother, William Nisbet, by whom it was devised to appellees, his…
2Cited by10 opinions
- Morrison v. FletcherCourt of Appeals of Kentucky · 1905
- Rowell v. WeinemannSupreme Court of Iowa · 1903
- Davies v. LeeteCourt of Appeals of Kentucky · 1901
- Geisler v. GeislerSupreme Court of Minnesota · 1924
- Kentucky Union Co. v. ShepherdCourt of Appeals of Kentucky · 1921
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