Stanton v. Helm
Mississippi Supreme Court
From tbe cbáncery court of, first district, Hinds county. Hon. Robert B. Mayes, Chancellor. Stanton, the appellant, was complainant in the court below; Helm and others, appellees, were defendants there. From a decree in defendants’ favor the complainant appealed to the supreme court. Appellant owned and managed a plantation known as “La Marque,” in Concordia parish, La.
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From tbe cbáncery court of, first district, Hinds county. Hon. Robert B. Mayes, Chancellor. Stanton, the appellant, was complainant in the court below; Helm and others, appellees, were defendants there. From a decree in defendants’ favor the complainant appealed to the supreme court. Appellant owned and managed a plantation known as “La Marque,” in Concordia parish, La. His operations were not successful, and a mortgage had been given to commission merchants of New Orleans for $4,500. In November, 1876, in accordance with an agreement between appellant and Thomas E. Helm, the father of…
1Opinion of the CourtTruly, J.
The testimony of Stanton, the appellant, falls clearly within the inhibition of the rule announced by Code 1892, § 1740. This is a suit which he has instituted to establish and enforce a claim against the estate of a decedent, which originated in the lifetime of the deceased. Manifestly it is not competent to prove such claim by his own testimony. This rule is so well settled that any citation of authority to sustain the conclusion is thought unnecessary. Nor do we understand that able counsel for appellant seriously controvert the correctness of this proposition, but they rely upon other…
2Cases cited1 opinion
- Cooper v. CooperMississippi Supreme Court · 1884
3Cited by3 opinions
- Thames v. HolcombMississippi Supreme Court · 1957
- Hook v. Bank of LelandMississippi Supreme Court · 1924
- Kern v. CooperMississippi Supreme Court · 1914