EVIDENCE-HEARSAY-IMPEACHMENT OF HEARSAY BY DECLARANT'S INCONSISTENT STATEMENTS

Authors

Ira M. Price, II S.Ed., University of Michigan Law SchoolFollow

Abstract

In an action of trespass to try title to land claimed through adverse possession by defendant, the date when defendant first asserted a hostile claim to the premises so as to start the ten year statute of limitations was in issue. Plaintiff's witness, W, was allowed to testify that defendant had told him and others that plaintiffs owned individual interests in the land and that he did not exclusively claim the land. Defendant's witness, Y, then testified over objection that witness, W, had told him that defendant had long claimed the land, and had farmed and fenced the tract. Held, the testimony of witness, Y, was hearsay evidence which should not have been admitted for purposes of impeachment because no foundation had been laid for that purpose. Payne v. Price, (Tex. 1947) 203 S.W. (2d) 544·

Recommended Citation

Ira M. Price, II S.Ed., EVIDENCE-HEARSAY-IMPEACHMENT OF HEARSAY BY DECLARANT'S INCONSISTENT STATEMENTS, 46 Mich. L. Rev. 842 (1948).
Available at: https://repository.law.umich.edu/mlr/vol46/iss6/17