Young v. Power
Mississippi Supreme Court
Error to the Circuit Court of Marshall county. Hon. A. M. Clayton, judge. The facts of the case are set forth in the opinion of the court. 1. The court erred in not permitting witness McMillan to state what plaintiff’s testatrix said a short time before her death, as to defendant being indebted to her. The defence relied on was, that the testatrix had given defendant the debt, if she never needed the money.
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Error to the Circuit Court of Marshall county. Hon. A. M. Clayton, judge. The facts of the case are set forth in the opinion of the court. 1. The court erred in not permitting witness McMillan to state what plaintiff’s testatrix said a short time before her death, as to defendant being indebted to her. The defence relied on was, that the testatrix had given defendant the debt, if she never needed the money. As proved, the gift was conditional and qualified, unexecuted and invalid in law. The subject of the gift was still under the dominion of the testatrix, and her election not to carry out…
1Opinion of the CourtHandy, C. J.
*202• This action was brought by the plaintiff in error as executor of Sarah Power, deceased, to recover the sum of eight hundred dollars, alleged to be due the testatrix by the defendant, for money paid by her to him for a slave which she purchased of him; which purchase was rescinded and the slave delivered back to him shortly after the purchase was made.
On the trial, the plaintiff testified that the testatrix died in December, 1860, and that, among her papers which came to his hands, was one dated November 30, 1860, addressed to the defendant, and signed Sarah Power per E. W. McMillan,…
2Cases cited3 opinions
- Greenwade v. MillsMississippi Supreme Court · 1856
- Hunt v. KnoxMississippi Supreme Court · 1857
- Garnett v. KirkmanMississippi Supreme Court · 1857
3Cited by22 opinions
- Millett v. TempleMassachusetts Supreme Judicial Court · 1932
- Meridian City Lines v. BakerMississippi Supreme Court · 1949
- Roebke v. AndrewsWisconsin Supreme Court · 1870
- RAWLINGS v. RoyalsMississippi Supreme Court · 1952
- Shelton v. JacksonCourt of Appeals of Texas · 1899
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