Kern v. Cooper
Mississippi Supreme Court
Kern v. Cooper, 106 Miss. 895 (Miss. 1914)
64 So. 838
Cook
Kern v. Cooper
Opinion of the Court
delivered the opinion of the court.
It was error to permit plaintiffs in replevin to testify as witnesses to establish their claims against the estate of a deceased person. Section 1917, Code, 1906; Jackson v. Smith, 68 Miss. 53, 8 So. 258; Stanton v. Helm, 87 Miss. 287, 39 So. 457.
Reversed and remanded.
Reference
- Full Case Name
- Allen Kern v. Henry Cooper
- Cited By
- 2 cases
- Status
- Published
- Syllabus
- Witnesses. Estates of decedents. Competency. Code 1906, section 1917. Under Code 1906, section 1917, prohibiting a witness from testifying to establish his own claim against the estate of a deceased person, where plaintiff brought suit in replevin against the son of deceased for certain property, in whose possession it had been since deceased’s death, it was error to permit plaintiff to testify that the property had been given to them by the deceased.