Legal Opinion

Kern v. Cooper

Mississippi Supreme Court

Decided March 15, 1914PublishedCited by 2 opinions

Appeal from the circuit court of Attala county. HoN. Gr. A. McLeaN, Judge. Consolidated suits for replevin by Henry Cooper and Della Kern against Allen Kern. From a- judgment for plaintiffs, defendant appeals. The record in this case shows that Martha McCoy, an aged negro woman, lived on a small tract of land which she and her husband had occupied for many years.

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Appeal from the circuit court of Attala county. HoN. Gr. A. McLeaN, Judge. Consolidated suits for replevin by Henry Cooper and Della Kern against Allen Kern. From a- judgment for plaintiffs, defendant appeals. The record in this case shows that Martha McCoy, an aged negro woman, lived on a small tract of land which she and her husband had occupied for many years. Her husband, Joe McCoy, died in 1907, and Martha died intestate in 1910. At the time of her death she had a son, Allen Kern, living on a tract of land adjoining. On another adjoining tract there lived one Henry Cooper, who claimed to…

1Opinion of the CourtCook, J.

It was error to permit plaintiffs in replevin to testify as witnesses to establish their claims against the estate of a deceased person. Section 1917, Code, 1906; Jackson v. Smith, 68 Miss. 53, 8 So. 258; Stanton v. Helm, 87 Miss. 287, 39 So. 457.

Reversed and remanded.

2Cases cited2 opinions

  1. Jackson v. SmithMississippi Supreme Court · 1890
  2. Stanton v. HelmMississippi Supreme Court · 1905

3Cited by2 opinions

  1. Reedy v. AlexanderMississippi Supreme Court · 1947
  2. Brown v. ParkerMississippi Supreme Court · 1926

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