Gay v. Gay , 26 Ohio St. (N.S.) 402 ( 1875 )

By the Court.

The declarations offered were incompetent for the purpose named. As to the use of undue influence in procuring the deed, they were mere hearsay; and in this respect it made no difference whether the declarations were made before or after the execution of the deed, provided they were not made at such time and under such .circumstances as to make them parts of the res gestae. The declarations offered were not of the res gestee.

Motion overruled.