Hale v. Hale

Atkinson, Justice.

(After stating the foregoing facts.) One special ground of the motion for new trial complains that the court erred in allowing Mrs. Mary L. Hale to testify that her husband contributed to a fund that was used by the church in purchasing the land on which the cemetery was located, and that subsequently a lot was set apart to him. “It is not contrary to the best-evidence rule that oral testimony of a fact in issue may be primary evidence of the fact, although there is also written evidence of the same fact, where the essential fact to be proved is neither the existence nor the…