Liles v. May

Citations

• 105 Miss. 807
• 63 So. 217

Syllabus

<p>1. Appeal and Error. Record. Objections. Evidence. Wills Contest. Ver diet. Agreement as to form. Statements in briefs.</p> <p>Questions as to the competency of evidence will not he considered by the court on appeal where the record shows no objection to its admission in the court below.</p> <p>2. Wills. Contest. Evidence.</p> <p>Where a will was contested on the ground of forgery, and the sole beneficiary testified in his own behalf, that he wrote the will, statements made by him after the alleged execution of the will, tending to show that no will had then been made were admissible.</p> <p>3. Wills. Contest. Verdict. Agreement m to form.</p> <p>Where on the trial of an issue of devisavit vel non, prior to the rendition by the jury of its verdict, all parties in interest, entered into an agreement that if the verdict as rendered should not be in proper form, they would themselves put it in proper form, and after the rendition of the verdict it was put in proper form, this agreed verdict must he accepted as the one which the jury intended to render and would have rendered, had the matter heen resubmitted to them, and the chancellor properly rendered a decree accordingly.</p> <p>. 4. Appeal and Error. Record. Statement in briefs.</p> <p>Where the statements of counsel, in their brief is not borne out by the record the court will decide by the record and not by the briefs of counsel.</p> <p>5. Wills. Contest. Forgery. Evidence.</p> <p>On the evidence disclosed by the record the cause was properly submitted to the jury.</p>