Legal Opinion · Dissent

Deruwe v. Morrison

Washington Supreme Court

Decided August 28, 1947No. 30093Published

1DissentAbel, J.

(dissenting)—I dissent. Peter Morrison, father of the respondents, who acquired title to their land in 1892 and lived there until after 1915, was involved in a lawsuit concerning this land (Denee v. Morrison, 95 Wash. 76, 163 Pac. 382), and, on July 15, 1914, he signed the affidavit referred to in the majority opinion. This affidavit should have been received in evidence. The rule is stated in 20 Am. Jur. 517, § 604, as follows:

“A declaration of a former owner in thé nature of an admission against interest is, as to real estate at least, admissible against his successors in title to show the…

2Cases cited11 opinions

  1. Lambert v. AlcornIllinois Supreme Court · 1893
  2. Cass v. DicksWashington Supreme Court · 1896
  3. Rigney v. Tacoma Light & Water Co.Washington Supreme Court · 1894
  4. Wood v. City of TacomaWashington Supreme Court · 1911
  5. Harvey v. Northern Pacific Railway Co.Washington Supreme Court · 1911

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