COMPTON v. WWV ENTERPRISES

No. 11-84-161-CV.

679 S.W.2d 668 (1984)

M.L. COMPTON, Jr. et al., Appellants, v. WWV ENTERPRISES et al., Appellees.

Court of Appeals of Texas, Eastland.

September 20, 1984.


Attorney(s) appearing for the Case

Beverly Tarpley, Scarborough, Black, Tarpley & Scarborough, Abilene, William K. Rutledge, Rutledge & Rutledge, Abilene, for appellants.

Rod E. Wetsel, Nunn, Griggs & Wetsel, Lance Hall, Sweetwater, for appellees.


DICKENSON, Justice.

The controlling question before us is whether three affidavits of heirship were properly admitted into evidence. The affidavits were tendered under Rule 803 of the Texas Rules of Evidence.1 There were timely objections, and since there is no showing of the declarants' unavailability, the affidavits were not admissible under Rule 804. Since we hold that the affidavits are not admissible under Rule 803, the judgment of...

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