Myrick v. Myrick

ANDERSON, Chief Justice!

This appeal presents the correctness of the ruling of the trial court in excluding the depositions of the complainant’s witnesses. When the depositions were’taken they were not incompetent, but before the trial, the complainant, their father, died, and said witnesses being his heirs became incompetent because interested in the property involved in this controversy.

Counsel for the appellant make a strong and persuasive argument that in equity eases the competency of the witness should be fixed as of the time his deposition is given, and not when offered at the trial. -…