Cock v. Abernathy

Citations

• 77 Miss. 872

Syllabus

<p>1. Witnesses. Estate of decedent. Code 1892, 11740.</p> <p>An administrator, although a distributee of his intestate’s estate, is a competent witness to establish a claim of his intestate against the estate of another decedent. He is not incompetent, under Code 1892, § 1740, providing that a person shall not testify as a witness to establish his own claim or defense against the estate of a deceased person, etc.</p> <p>2. Evidence. Death of person. Chunt of administration.</p> <p>A grant of letters of administration on an estate is prima facie evidence of the death of the person upon whose estate the administration is granted.</p> <p>3. Statute oe Limitations. Writing. Code 1892, $ 2739.</p> <p>A cause of action, evidenced by a writing acknowledging a debt, is not barred by the three years’ statute of limitation. Code 1892, l 2739.</p>