McNeely v. Southwestern Settlement & Development Corp.

WALKER, Justice.

Under Point 1 of their motion for rehearing, appellants argue that testimony by George McNeely about" the cutting of the fence and the use of a water hole on the land in suit was hearsay and therefore incompetent. The contention is overruled. George McNeely seems to have been Out of the county at the time of the intruding use by the sawmill operators and so could not have had personal knowledge of this use; but he is a party to the suit and his testimony about the- conduct of the sawmill operators was an admission and admissible as such, to prove the truth of the facts related…