Marshall v. Stratton

Citations

• 96 Miss. 465
• 51 So. 132

Syllabus

<p>1. Repeeviit. Yerdict for defendant. Evidence. Uncertain transactions between dead persons.</p> <p>A verdict for defendants in an action of replevin between kindred for old furniture will not be disturbed where its ownership depends upon transactions between persons now deceased of which the living are not well advised, and the acts of the deceased woman under whom plaintiffs claim can be accounted for reasonably only on the assumption that she had given the property to the deceased woman under whom defendants claim.</p> <p>2. Gifts Ijítek Vivos. Parol toills.</p> <p>An agreement between two sisters that the survivor should have the furniture, the subject of the agreement, does not constitute a gift -inter vivos, but is a futile effort to make a parol will.</p>