61 Iowa 721 | Iowa | 1883
This action of the court is assigned as error. These sections merely authorize the summoning and examination of the party suspected of having taken wrongful possession of the effects of the deceased. No general evidence can be introduced in behalf of the administrator. Smyth v. Smyth, 24 Iowa, 491; Rickman v. Stanton, 32 Id., 134.
The finding of the court upon such proceeding cannot be pleaded in bar of an action by the administrator to recover the property of the estate.
III. The witness, Ann Johnson, executed a paper, which was offered in evidence in the case, in which she disclaims all interest in this action or the result thereof, and all and every interest in the personal estate of Martha Ivers, deceased.
It is insisted that this disclaimer rendered the witness competent. The authorities relied upon by appellant hold that a witness, incompetent on account of an interest vested in himself, may divest himself of it by a release or other proper conveyance. 1. Greenleaf on Evidence, § 426. The disclaimer of the witness did not operate as a release of her interest, and did not in onr opinion restore her competency.
Reversed.