Wise v. Wynn
Mississippi Supreme Court
Appeal from the Circuit Court of Holmes County. Hon. C. H. Campbell, Judge. 1. The exception to the rule which excludes hearsay testimony in favor of the declarations of deceased members of a family made ante litem motam as to pedigree is well recognized, and under it the declarations are evidence of the facts. 2 Starkie Evid. 1099. This principle has been recognized in some of the earliest decisions of the courts of Virginia.
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Appeal from the Circuit Court of Holmes County. Hon. C. H. Campbell, Judge. 1. The exception to the rule which excludes hearsay testimony in favor of the declarations of deceased members of a family made ante litem motam as to pedigree is well recognized, and under it the declarations are evidence of the facts. 2 Starkie Evid. 1099. This principle has been recognized in some of the earliest decisions of the courts of Virginia. Jenkins v. Tom, 1 Wash. 123 ; Claiborne v. Parrish, 2 Wash. 146 ; Shelton v. Barbour, 2 Wash. 64; Pegram v. Isabell, 2 Hen. & Mun. 193 ; Gregory v. Baugh, 4 Rand. 611;…
1Opinion of the CourtChalmeks, J.
More than forty years ago there came to Holmes County in this State a man calling himself Charles Wise. His parentage and past antecedents were wholly unknown, and except to a very few persons he seems to have preserved great reticence on these subjects. He lived in Holmes County continuously .thereafter, until his death in 1870, and in the mean time accumulated a considerable landed estate. Hying intestate, unmarried, and without known heirs, his property after his death was by regular proceedings escheated to the State, and from the State subsequently purchased by the appellee, Wynn. Within…
2Cases cited2 opinions
- Cuddy v. BrownIllinois Supreme Court · 1875
- Adie v. CommonwealthSupreme Court of Virginia · 1875
3Cited by17 opinions
- Aalholm v. . PeopleNew York Court of Appeals · 1914
- In Re Estate of HartmanCalifornia Supreme Court · 1910
- Young v. StateOregon Supreme Court · 1900
- Hall v. StateWyoming Supreme Court · 1923
- Southern Ins. Co. v. WilsonSupreme Court of Alabama · 1926
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