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eBook details

• Title: Leffek v. Luedeman
• Author : Supreme Court of Montana
• Release Date : January 01, 1933
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 67 KB

Description

Submitted November 8, 1933. Mortgages ? Foreclosure ? Actions Against Executors or Administrators ? Limitations of Actions ? Failure to Renew Mortgage Note ? Declarations of Decedents ? When Admissible in Evidence ? Statute ? Insolvency of Estate ? Right of Administrator to Attack Validity of Mortgage ? Judgment ? Statutory Construction ? Adoption of Statute from Foreign State ? Rule ? Promissory Notes Payable to Order ? Assignment Without Endorsement ? Ownership. Executors and Administrators ? Actions Against ? Witnesses ? Declarations of Decedents ? When Inadmissible ? Purpose of Statute. 1. The two-fold purpose of section 10535, subdivision 3, Revised Codes 1921, prohibiting a party to an action against an executor or administrator from testifying as to direct transactions or oral communications between the witness and the deceased, is to prevent such party from gaining an undue advantage over the defendant, and to remove the temptation to commit perjury by testifying to matters which in all probability cannot be denied by a living person. Same ? Mortgages ? Foreclosure ? Limitations of Actions ? Letters of Decedent Acknowledging Debt ? Admissibility in Evidence.

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