Husbands v. Fore

WIDDSON, O. J.

(after stating the case as above).

While Mrs. Fore was testifying as a witness in her own behalf, ber .counsel proposed to prove by her that she bad possession of tbe notes in controversy before her husband died. Appellants objected to the proposed testimony, on tbe ground that to admit it as evidence would be in contravention of article 3716, R. S. 1925, providing that, “in actions by or against executors * * * in which judgment may be rendered for or against them as such, neither party shall be allowed to testify against the others as to any transaction with, or statement by,…