Cannon v. Cannon

ALMON, Justice.

This case involves a dispute within the Cannon family over certain real property. The issue is whether the testimony of cer*289tain witnesses is admissible under the Dead Man’s Statute, Tit. 7, § 433, Code of Alabama 1940, Recompiled 1958.1

The property was originally owned by P. M. Cannon who died intestate in 1928.2 He left a widow, Mary Elizabeth Cannon, and six children. Joe C. Cannon, one of the six children, died in 1943 leaving a widow and four children. Between 1957 and 1960 all parties holding any interest in the real estate — i. e., the five living children of P. M.…