Hutchinson v. Gaston

Citations

• 128 Miss. 487
• 91 So. 193

Syllabus

<p>1. Witnesses. Witness cannot testify to establish his own claim, originating during decedent’s life, against decedent’s estate.</p> <p>A witness cannot testify to establish his own claim or defense against the estate of a deceased person, which originatpd during the lifetime of such deceased person, although the deceased person was not himself conversant with the facts out of which the claim arose, the transaction having been attended to for him by an agent who is still living. Section 1917, Code 1906 (Hemingway’s Code, section 1577).</p> <p>2. Frauds, Statute oe. Landlord’s request to dealer in mules regarding sale to a negro held to show intended credit wa's to landlord so that contract was not within statute.</p> <p>The only inference to be drawn from a request made by a landlord to a dealer in mules “that she would have a nigger down there and he would want a mule and to do the best I could for him, of course, she would have the difference to pay,” is that the landlord intended for the credit for the difference in the value of the mules to be extended direct to her; consequently, the contract is not within the statute of frauds and is valid, though not in writing.</p> <p>3. Appeae and Error. Verdict on conflicting evidence not disturbed. A verdict should not be directed where the evidence is in conflict.</p>