Sellars v. Kelly

Citations

• 45 Miss. 323

Syllabus

<p>1. Continuance —absent testimony must be material and such as would avail the party IE present.—It is proper to refuse a continuance because •of an absent witness, unless the facts proposed to be proved by him are pertinent and material.</p> <p>3. Married women—cannot make power op attorney to husband. —A letter of attorney by a wife to a husband, authorizing him to make a sale and give title to personal property belonging to her separate estate, is void, and no evidence in relation to such power of attorney is admissible.</p> <p>3. BEPLEVIN—-THE QUESTION INVOLVED IS IN WHOM IS THE TITLE — TESTIMONY NOT PERTINENT TO THIS QUESTION IS INADMISSIBLE. — In replevin, the question submitted to the jury is, in whom is the title to the property; and testimony tending to show that a married woman, who has never legally parted with the title, received a sum of money given by one who supposed he was purchasing the property is inadmissible.</p>