116 Iowa 564 | Iowa | 1902
of general and notorious recognition sought to be established by oral testimony. With reference to the letters, however, it is claimed that plaintiff ivas not competent, under Code, section 4604, which prohibits a party to a suit against the administrator or heirs of a deceased person from testifying with regard to' personal transactions or communications between such witness and the deceased, to give evidence with reference to the receipt thereof, and the case of McCorkendale v. McCorkendale, 111 Iowa, 314, is relied upon; but the letter referred to in that case was one claimed to have been written by the deceased father to the child’s mother and the mother was asked to testify with ref
Our conclusions are in entire harmony with those of the judge who tried the case below, and the decree is affirmed.