Gilkey v. Peeler
Texas Supreme Court
Appeal from Lavaca. Tried below before tbe Hon. Yielding Jones. Tbis suit was brought by tbe appellant, as administrator of tbe estate of Rebecca Gilkey, deceased, against tbe appellee, as the administratrix of the estate of James Peeler, deceased, for the recovery of a negro man, named Helson. The defendant answered by a general demurrer; a general denial; by a plea, setting up property in her intestate, by gift from Rebecca Gilkey; and a plea of the statute of limitations.
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Appeal from Lavaca. Tried below before tbe Hon. Yielding Jones. Tbis suit was brought by tbe appellant, as administrator of tbe estate of Rebecca Gilkey, deceased, against tbe appellee, as the administratrix of the estate of James Peeler, deceased, for the recovery of a negro man, named Helson. The defendant answered by a general demurrer; a general denial; by a plea, setting up property in her intestate, by gift from Rebecca Gilkey; and a plea of the statute of limitations. It was -proven on the trial, that Rebecca Gilkey was the sister of Sarah Peeler, the appellee, and that James Peeler,…
1Opinion of the Court
Wheeler, Ch. J.
The errors relied on, which require notice, relate to the ruling of the court upon the admissibility of evidence, and the refusal of instructions asked by the plaintiff.
The witnesses, Pleasant and G-. B. Harris, were sons-in-law of the defendant. Then.’ wives would be entitled to a distributive share of the estate of the defendant’s intestate, in whose right she claimed the property in question. It is a general rule of evidence, that if the effect of a witness’s testimony will be to create or increase a fund in which he may be entitled to participate, he is incompetent. It is…
2Cases cited2 opinions
- Alexander v. KennedyTexas Supreme Court · 1857
- Johnson v. AlexanderTexas Supreme Court · 1855
3Cited by13 opinions
- Allen v. PollardTexas Supreme Court · 1919
- Harris v. MayfieldTexas Commission of Appeals · 1924
- Humphreys v. EdwardsTexas Supreme Court · 1896
- Crump v. AndressTexas Commission of Appeals · 1925
- Ivy v. IvyCourt of Appeals of Texas · 1908
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