26 Iowa 276 | Iowa | 1868
The court erred in allowing the testimony to be received and in not giving the instruction in relation thereto asked by the defendant. Taylor v. Lusk, 9 Iowa, 444; Ross v. Hayne, 3 G. Greene, 211; West v. Price's Heirs, 2 J. J. Marsh. 380; Blake v. Graves, 18 Iowa, 312; Miners v. Sturdevant, 23 Ala. 661; Thompson v. Mawhinney, 17 id. 362; 3 Phil. Ev. (3d ed.) 337, n. 213.
The case does not fall within those referred to by the appellee’s counsel, in which the declarations of a person in possession of personal property, simply explanatory of the possession, have been held competent evidence.
Keversed.