Renz v. Drury
Supreme Court of Kansas
Error from Brown District Court. Son. J. P. Thompson, Judge. STATEMENT BY THE COURT. The plaintiff commenced lier action against the defendants on January 16, 1890, to quiet her title to the west half of lot 89, on Oregon street, in Hiawatha.
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Error from Brown District Court. Son. J. P. Thompson, Judge. STATEMENT BY THE COURT. The plaintiff commenced lier action against the defendants on January 16, 1890, to quiet her title to the west half of lot 89, on Oregon street, in Hiawatha. She alleged that Nicholas Renz died intestate and seized of said property in 1885, leaving no children or heirs except the plaintiff, who was his lawful wife at the time of his death, but that Virginia Drury claimed to be an adopted daughter of said Nicholas Renz and the plaintiff, and said Thomas (t. Drury was her husband. The defendants duly answered,…
1Opinion of the Court
The opinion of the court was delivered by
Martin, C. J. :
*871. Declaration of decedent. *86I. The evidence of Virginia Drury and her husband as to conversations with Nicholas *87Renz was incompetent under section 322 of the civil code. They were parties to the action, and their testimony related to communications ‘ ‘ had personally” with the deceased person, the adverse party, Sarah A. Renz, being the heir at law of such deceased person, whose title to the cause of action was acquired immediately from him. (Rich v. Bowker, 25 Kan. 11; Wills v. Wood, 28 id. 400; Hafer v. Hafer, 33 id. 449, 463.) We think…
2Cases cited9 opinions
- Wallace v. LongIndiana Supreme Court · 1886
- Sharkey v. McDermottSupreme Court of Missouri · 1887
- Wright v. WrightMichigan Supreme Court · 1894
- Wallace v. RappleyeIllinois Supreme Court · 1882
- Shearer v. WeaverSupreme Court of Iowa · 1881
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3Cited by19 opinions
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- Jordan v. Abney, AdministratorTexas Supreme Court · 1904
- Wall v. Estate of McEnneryWashington Supreme Court · 1919
- Barney v. HutchinsonNew Mexico Supreme Court · 1918
- Malaney v. CameronSupreme Court of Kansas · 1916
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