Jackson v. Smith

Citations

• 68 Miss. 53

Syllabus

<p>1. Witness. Competency. Estate of decedent. Code 1880, § 1602.</p> <p>Where one in possession of personal property, as owner, mortgages it to another, after the death of the grantor a third person asserting a prior title to the property claimed to he superior to the mortgage, is incompetent as a witness to establish his own claim.</p> <p>2. Same. When rule applies.</p> <p>The exclusion is not confined to cases in which the controversy is between the party who would testify and the personal representatives of the deceased, but extends to every assertion of right by such party for any part of the estate left by the decedent and claimed by the witness under an alleged transaction with such deceased person.</p>