Caffey v. Allison
Supreme Court of Arkansas
Appeal from Lonoke Circuit Court; Eugene Lank-ford, Judge; STATEMENT OF FACTS. Juanita Allison, by ber next friend, C. G\ Reed, instituted tbis action in tbe circuit court against I. I). Caffey to recover a balance of $200 alleged to be due on a note executed by Caffey in favor of Kizer Allison, deceased, ber father, for tbe payment of a balance due on certain lands.
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Appeal from Lonoke Circuit Court; Eugene Lank-ford, Judge; STATEMENT OF FACTS. Juanita Allison, by ber next friend, C. G\ Reed, instituted tbis action in tbe circuit court against I. I). Caffey to recover a balance of $200 alleged to be due on a note executed by Caffey in favor of Kizer Allison, deceased, ber father, for tbe payment of a balance due on certain lands. Tbe complaint alleges tbat tbe note was executed on January 25, 1910, and delivered to tbe wife of I. D. Caffey wbo was a sister of Kizer Allison and that said note was lost or destroyed or in tbe possession of tbe defendant. Tbe…
1Opinion of the Court
Hart, J.,
(after stating the facts). The testimony of witness Eeed and others as to the declarations made by Kizer Allison that the defendant' had executed the note in his favor and that he was the owner of it was not competent evidence. The declarations were in the nature of a narrative of a past occurrence and can not be received as proof of the existence of such occurrence. These declarations were not in disparagement of his title but were self-serving declarations merely. They were offered by the plaintiff to strengthen, her claim. Decedent’s declarations were no more evidence for the…
2Cases cited11 opinions
- Taylor v. McClintockSupreme Court of Arkansas · 1908
- Ward v. WardMichigan Supreme Court · 1877
- McLain v. DuncanSupreme Court of Arkansas · 1892
- Wilson v. WilsonMichigan Supreme Court · 1858
- Brown v. KenyonIndiana Supreme Court · 1886
6 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Hill v. TalbertSupreme Court of Arkansas · 1946