Burnam, 111 Okl

„* * * Considering, you to in all instances when the house or property are obtained by the mutual business of wife and husband while in the coverture, and there is no issue, the whole home shall go to the survivor, on whoever passing, if any of your said property remain, one-half of including possessions shall go to the heirs of one’s husband and something-1 / 2 of to the heirs of your partner, depending on the best regarding logo.”

¶18 The brand new demonstration court rendered wisdom adding therein the above conclusions and you can findings, and therein found and adjudged that Lena got passed down the whole interest in the house or property, that often regarding Lena, supra, had disposed of told you possessions of the creating a comparable to help you Alexander Linder Seay, and you will quieted name up against the defendants in favor of plaintiff.

¶19 Prior to proceeding to help you an issue ones propositions from error we are necessary to determine when you look at the getting rid of that it attention i lead awareness of the second issues and you may legislation off rules.

¶20 New parties towards action do not concern brand new validity or even the legal sufficiency of your own deeds to help you transfer the newest title for the property so you can Roentgen.D. Payne.

¶21 From inside the Lindsay County Lender v. 74, 219 P. 904, i held the attention clause for the a deed off conveyance are conclusive for the true purpose of offering effect with the operative conditions of your deed; however for almost every other objective it is open to need from the parol evidence, that will be prima-facie facts merely of the amount, type, and you will bill of your own idea, and you can parol proof is actually admissible to exhibit precisely what the real thought try. Look for including Webb v. 248, 239 P. 653; Tayiah v. Bunnell, 77 Okl. 40, 186 P. 240; Kirkpatrick v. Jacobson’s Lifestyle Property, Inc., Okl., 467 P.2d 489.

¶23 The overall signal is the fact that testimony in what a dead individual told you while in the his lifetime are hearsay and it isn’t rendered skilled of the fact that the declarant enjoys died once the such as statement was created. Slater v. Shared Work with Health & Crash Assn., middle eastern single dating site Okl., 393 P.2d 838.

¶24 The fresh report out of Lena that Hendersons associated in their testimony was made following death of R.D. Payne that will n’t have come made in their exposure. It actually was ergo inadmissible because of it then reasoning. See the Slater instance, 393 P.2d 839, at the p. 842, and you will Shaw v. Shaw, Okl., 282 P.2d 748, 752.

¶twenty five It suppression isn’t applicable to the other testimony, supra, while the leftover comments associated with Lena and Roentgen.D. Payne was relevant as the being produced in the current presence of one another. The newest conclusions and you can judgment of one’s demo legal don’t possess the benefit of the Hendersons’ testimony.

McGrew, 96 Okl

¶twenty-six Defendants need the testimony of attorney James H. Ivy is actually at the mercy of getting rejected and that is objectionable to the the amount that it prejudiced the brand new defendants’ case.

¶twenty seven Defendants mention meant for so it proposal a consultative Advice of one’s Oklahoma Club Relationship Legal Stability Panel, No. 114, looking at the page 96 of an Appendix to help you Oklahoma Decisions, 341-343 P.2d. The new advice involved Code 21 of Laws and regulations regarding Elite Make [Canons away from Elite Ethics, cannon 19] towards propriety off legal counsel becoming an experience to possess his client at the same time frame acting as counsel to possess their visitors in the same situation, and will be offering you to „But whenever necessary to the brand new stops from justice, legal counsel is stop testifying in judge in part out-of his consumer.” The fresh advice emphatically says one to in aforementioned such as for instance the newest lawyer will be entirely withdraw regarding circumstances if your items have a tendency to enable, and steer clear of uniting the character out-of the recommendations and witness about exact same instance.