Jackson v. Smith
Mississippi Supreme Court
From tbe circuit court of Sunflower county. HoN. George WinstoN, Judge. Action of replevin for the possession of a mule. In 1886 William Rogers executed to W. H. Andrews & Bro. a trust-deed, whereby he conveyed, with other property, the mule in controversy, as a security for the debt. Afterwards during the year Rogers died, and the appellant, Jackson, being interested in the firm of Andrews & Bro., obtained possession of the mule under the trust-deed.
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From tbe circuit court of Sunflower county. HoN. George WinstoN, Judge. Action of replevin for the possession of a mule. In 1886 William Rogers executed to W. H. Andrews & Bro. a trust-deed, whereby he conveyed, with other property, the mule in controversy, as a security for the debt. Afterwards during the year Rogers died, and the appellant, Jackson, being interested in the firm of Andrews & Bro., obtained possession of the mule under the trust-deed. After this the appellee, Smith, instituted this action of re-plevin against Jackson, claiming that he had acquired title to the mule in 1884 by…
1Opinion of the CourtCampbell, J.
The plaintiff was not a competent witness, becatise the mule in dispute was part of the estate of Rogers, who had died in possession of it, and it was held and claimed by the defendant, by virtue of a deed of trust executed by Rogers, in which the mule was conveyed. Code, § 1602.
In Love v. Stone, 56 Miss. 449, it was held that the test of competency in this class of cases is, whether the estate of a deceased person is the subject-matter of the litigation in which the party is offered as a witness. Combs v. Black, 62 Miss. 831. As said in Jacks v. Bridewell, 51 Miss. 881, “The exclusion is not…
2Cases cited3 opinions
- Jacks v. BridewellMississippi Supreme Court · 1876
- Love v. StoneMississippi Supreme Court · 1879
- Combs v. BlackMississippi Supreme Court · 1883
3Cited by11 opinions
- Whittington v. WhittingtonMississippi Supreme Court · 1988
- COLEMAN v. KierbowMississippi Supreme Court · 1951
- Garner v. TownesMississippi Supreme Court · 1924
- Davis v. CrawfordMississippi Supreme Court · 1936
- Elmer v. HolmesMississippi Supreme Court · 1940
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