Wilson v. Davis

Mr. Justice Erickson:

I dissent. The majority has found that the statements of Mrs. Baxter are not declarations against interest and so they do not come within the exceptions to the hearsay rule contained in section 10531, Revised Codes. I believe they do come within subdivision 4 of that section, which provides that evidence may be given upon a trial of the following facts: “The act or declaration of a deceased person done or made against his interest in respect to his real property.”

The majority says that the statement of Mrs. Baxter is not admissible since she had parted with title to the…