59 Kan. 92 | Kan. | 1898
The plaintiff in error, Hemy S. Ireton, brought suit against the defendants in error, who are the widow and part of the children of John Ireton, deceased, to recover a quarter-section of land in Cowley County. The plaintiff was a son of John Ireton, by Elizabeth Ireton, his first wife, by whom he also had other children, who, on their own application, were made parties to the case, and filed an answer and cross-petition. The plaintiff claimed title to the land by virtue of a deed executed by John and Elizabeth Ireton on the fourth of September, 1874, re
In an amended answer filed by the defendants, it was alleged that, in January, 1892, in an action brought by John Ireton against J. P. Baden to recover damages to the land in controversy, caused by raising a dam theretofore erected by Baden, Henry S. Ireton testified, as a witness on behalf of his father, that the deed he now relies on was never delivered to him, and that he never claimed any interest in the land. The answer also alleged that the testimony taken on the trial of that action was reduced to writing, and was afterward incorporated in a case-made which became one of the records of the District Court of Cowley County. On the trial of this case, the case-made referred to in the answer was offered in evidence by the defendants, and admitted over the objection of the plaintiff. It contained the pleadings, evidence, proceedings and verdict in that case. It shows, not only that Henry S. Ireton testified in behalf of his father substantially as stated in the defendant’s answer, but also, that John Ireton testified to the same effect. The admission of this case-made is the first error complained of.