Ellis v. Alford

Citations

• 64 Miss. 8

Syllabus

<p>1. Evidence. Estate of decedent. Husband and wife. Section 1602, Code of 1880, applied.</p> <p>In 1875, M., a married woman, conveyed a tract of land, her separate property, to A., the husband of M. joining in the conveyance. A. died in 1885, and M. and her husband filed a bill against A.’s legatees to have her conveyance can-celled, on the ground that it was obtained by fraud. Section 1602, Code of 1880, provides that “No person shall testify as a witness to establish his own claim of any amount, for or against the estate of a deceased person, which originated during the lifetime of such deceased person.” On the trial the Chancellor suppressed the depositions of M. and her husband. Held, that the testimony of M. was not competent, but that of her husband was.</p> <p>2. Infant. Married woman. Exchange of land. Affirmance by occupancy.</p> <p>On the 23d of December, 1875, M., an infant married woman, conveyed a tract of land to A., in exchange for a tract conveyed by him to her. She attained her majority on the 12th of November, 1876; and, on the 1st of November, 1880, her disabilities as a femme covert were removed. She, having received immediate possession of the land conveyed to her by A., continued to occupy the same till the 1st of April, 1885, when she filed a bill to annul her conveyance, on the ground of fraud. Held, that her occupancy of the land received from A. after the attainment of her majority was an affirmance of her conveyance.</p>