Mathis v. Gaskins

1. Testimony of the maker of a note, to prove payments made by him to the payee who has since died, is as to a matter in favor of the maker, and against the deceased, as to a transaction with the deceased; and in a suit by the administrator of the deceased payee against the maker and the sureties, to recover on the note, the maker is incompetent as a witness to testify to payments made by him to the payee. Code of 1933, § 38-1603 (Code of 1910, §§5858, 5859).

2. This incompetency of the maker is not removed by the facts that in a suit by the administrator of the deceased payee against the…