106 Miss. 895
Decided March 15, 1914
Mississippi Supreme Court · decided 1914-03-15
HoN. Gr. A. McLeaN, Judge. Consolidated suits for replevin by Henry Cooper and Della Kern against Allen Kern. From a- judgment for plaintiffs, defendant appeals. The record in this case shows that Martha McCoy, an aged negro woman, lived on a small tract of land which she and her husband had occupied for many years. Her husband, Joe McCoy, died in 1907, and Martha died intestate in 1910. At the time of her death she had a son, Allen Kern, living on a tract of land adjoining.
Cited by 2 later decisions — most recently May 1947
2 state decisions
Relies on Jackson v. Smith · Stanton v. Helm
Good law ✅— No negative treatment on recordhow we know
Decided 1914-03-15
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¶1delivered the opinion of the court.
¶2It 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.
¶3Reversed and remanded.