# Wellden v. Roberts

> Alabama Court of Appeals · November 20, 1951 · 37 Ala. App. 1

URL: https://www.frixlaw.com/law-library/cases/9529318

## Case

- **Full name:** WELLDEN v. ROBERTS Et Al.
- **Court:** Alabama Court of Appeals
- **Decided:** November 20, 1951
- **Citations:** 37 Ala. App. 1; 67 So. 2d 69; 1951 Ala. App. LEXIS 494
- **Precedential status:** Published
- **Opinion:** On rehearing
- **Judges:** Price
- **Cited by:** 8 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9529318

## Opinion text

On Rehearing
In his brief on application for rehearing, appellee’s counsel earnestly insists that this court is in error in holding the statement by Clem to Roberts was hearsay and inadmissible. We have carefully considered appellee’s argument and the authorities cited therein, and we adhere to our opinion that Roberts, one of the owners of the property, could not testify to a statement to him by the by-bidder, made the next day after the sale, not in the presence of defendant, and the said by-bidder being deceased at the time of trial.
Application for rehearing overruled.

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9529318. Public record. Not legal advice.