Section 16.7 Declaration of a Person in Privity With a Party

• Library: Evidence 2017

B. (§16.7) Declaration of a Person in Privity With a Party

An admission does not always need to come from the party or the party’s agent. An out-of-court statement that meets the criteria for an admission falls within that hearsay exception if it is made by a person in privity with a party. Persons are in privity if they share a legal interest or if their interest derives from the person making the statement. SeeMcMullin v. Borgers, 806 S.W.2d 724, 731–32 (Mo. App. E.D. 1991). In general, the concept of admissions based on privity extends to interest in real estate. SeeStoff v. Schuetze, 240 S.W. 139, 144 (Mo. 1922).

In McMullin, for example, the plaintiff was the declarant’s assignee. The court held that a statement against the declarant-assignor’s interest was an admission of the assignee because the assignee succeeded to the assignor’s rights. SeeMcMullin, 806 S.W.2d at 732. But the statement has to be made before the assignor transfers the assignor’s entire interest to the assignee. SeeSt. Joseph Lead Co. v. Fuhrmeister, 182 S.W.2d 273, 280–81 (Mo. 1944) (grantor’s statements are not admissions of the grantee if they were made after the property was transferred); Enders v. Richards, 33 Mo. 598 (1863) (same).

There are some particular types of actions in which a party is not bound by admissions of a party in privity with them. For example, co-legatees to...