Braddy v. . Pfaff

The correctness of the judgment is assailed on two principal grounds: (1) That the evidence of payment by defendant Herbert E. Pfaff of his indebtedness to the estate was incompetent; and (2) there were errors in the court’s instructions to the jury.

1. By the provisions of the will of O. Y. Pfaff, the original source of title, the payment of “what amount he may be owing me, to my estate,” was made a condition precedent to the vesting of title to the described land in the defendant Herbert E. Pfaff. To show that this condition had been complied with, the plaintiff offered in evidence the…