Devin v. Mitchell

HERR, O.

_ In this case title to a sewing machine is involved. The action is in replev-in brought by Stella Mitchell against Lou Devin to recover possession thereof. Plaintiff prevailed in the trial court. Defendant appeals.

Plaintiff claims the property as a gift from Caroline Hinzy, since deceased. Defendant claims as legatee under the will of deceased. She is not an heir, nor is she related to deceased.

The first assignment is that the court erred in permitting plaintiff to testify relative to certain conversations and transactions had by her with deceased. It is contended that her evidence…