Rothschild v. Hatch
Mississippi Supreme Court
Eeros, to the Circuit Court of Warren County. Hon. UptoN M. YouNG, Judge. This was ejectment by the heirs-at-law of Sarah B. Hatch, who in 1843 married Richard Griffith, and a few months thereafter died without issue born alive. She was at the time of her marriage, and for some time before, the owner and in possession of the property in controversy.
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Eeros, to the Circuit Court of Warren County. Hon. UptoN M. YouNG, Judge. This was ejectment by the heirs-at-law of Sarah B. Hatch, who in 1843 married Richard Griffith, and a few months thereafter died without issue born alive. She was at the time of her marriage, and for some time before, the owner and in possession of the property in controversy. Richard Griffith continued in possession to his death, in 1862 ; his second wife, and his children by her, have retained possession ever since, and under them the defendant claimed as lessee. The only defence was the Statute of Limitations, on the…
1Opinion of the CourtCampbell, J.
It was not error to refuse to permit the introduction of evidence of the alleged will of Mrs. Griffith, made in 1843, because it was admitted it was never probated, and there was nothing to show that it had been regarded and acted on as *559conferring any right. The proposed evidence to show a marriage settlement between Griffith and wife was properly excluded. It was mere hearsay, and clearly incompetent. It would have amounted to nothing, if it had been admitted. B. L. Hatch was a competent witness. He would have been such at common law. He had no interest in the event of the suit. A direct,…
2Cases cited4 opinions
- Jacks v. BridewellMississippi Supreme Court · 1876
- Lamar v. WilliamsMississippi Supreme Court · 1860
- Reinhardt v. EvansMississippi Supreme Court · 1873
- Rushing v. RushingMississippi Supreme Court · 1876
3Cited by17 opinions
- Whitehead v. KirkMississippi Supreme Court · 1913
- Neal v. Newburger Co.Mississippi Supreme Court · 1929
- Barron v. Federal Land Bank of New OrleansMississippi Supreme Court · 1938
- Elmer v. HolmesMississippi Supreme Court · 1940
- Newman v. SmithMississippi Supreme Court · 1956
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