104 Kan. 351 | Kan. | 1919
The opinion of the court was delivered by
Some of the heirs of George C. Hayden brought an action to set aside deeds executed by him to three of his sons, the petition alleging that he was incapable of transacting business, and that his signature had been procured by fraud and undue influence. Judgment was rendered for the defendants, and the plaintiffs appeal.
1. A reversal.is asked on the ground that error was committed in permitting another son of the decedent, who drew the deeds in question, to testify in behalf of the defendants, over the objection that he was disqualified by the rule relating to evidence concerning transactions with a person since deceased. , (Civ. Code, § 320, Gen'. Stat. 1915, § 7222.) This wit
2. If, however, the witness were held to have been incompetent, the result would be the same. The case having been tried without a jury, the admission of incompetent evidence is not á ground of reversal unless without it the judgment must necessarily have been different, or its reception is in some other ■ way affirmatively shown to have affected the result. (McCready v. Crane, 74 Kan. 710, 88 Pac. 748.) The appellants argue that their evidence tended to show fraud and un
The judgment is affirmed.