Townsend v. Kennard
Mississippi Supreme Court
Wiatt Kenyard sued Ettie Townsend and Uriah Millsaps, the latter being administrator of estate of L. M. Townsend, deceased, in a magistrate’s court for $147.43 for labor for the year 1884, and sought to subject certain corn and fodder in the possession of Ettie Townsend to a lien for the payment of said, sum.
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Wiatt Kenyard sued Ettie Townsend and Uriah Millsaps, the latter being administrator of estate of L. M. Townsend, deceased, in a magistrate’s court for $147.43 for labor for the year 1884, and sought to subject certain corn and fodder in the possession of Ettie Townsend to a lien for the payment of said, sum. Plaintiff alleged that certain persons (naming them) claimed an interest' in the property, and prayed for a writ of seizure under the statute, the said persons having transferred their claims to plaintiff. The writ was issued and 200 barrels of corn and 500 bundles of fodder levied upon…
1Opinion of the Court 1
Opinion.
2Opinion of the Court · CampbellCampbell, J.
The course of examination of the witness Bobertson by the counsel of the defendant below was proper and should have been permitted.
The plaintiff was not a competent witness, for he was testifying to prove his own claim against the estate of a deceased person, which originated in the lifetime of such person. Although the proceeding was specifically against certain things they were part of the estate of Townsend when he died, and had been set apart to his widow as a portion of his estate.
Reversed and remanded for a new trial.
Tire term “ claim ” is not limited to a fixed debt nor to a…
3Cases cited24 opinions
- Jacks v. BridewellMississippi Supreme Court · 1876
- Sweatman v. ParkerMississippi Supreme Court · 1873
- Faler v. JordanMississippi Supreme Court · 1870
- Lamar v. WilliamsMississippi Supreme Court · 1860
- Rothschild v. HatchMississippi Supreme Court · 1877
19 more not listed; retrieve them via the Exa API.
4Cited by1 opinion
- Whitehead v. KirkMississippi Supreme Court · 1913