Snell v. Fewell

Citations

• 64 Miss. 655

Syllabus

<p>1. Estate oe Decedent. Glaim transferred before death. Grantor thereof as a witness to establish.</p> <p>Section 1602 of the Code of 1880 declares that “ No person shall testify as a witness to establish his own claim, of any amount, for or against the estate of a deceased person, -which originated during the lifetime of such deceased person, or any claim he has transferred since the death of such decedent.” In a contest between the estate of a decedent and the grantee of a claim to land asserted against such estate, if the claim was transferred before the death of the decedent, the grantor thereof is not disqualified by the statute quoted to testify as a witness to establish such claim.</p> <p>2. ChanceRY Practice. Answer on information and belief. Evidence to support bill.</p> <p>When a sworn answer to an unsworn bill states facts “on information and belief” merely, an issue of fact is raised thereby, which requires proof, but it is not incumbent under such circumstances for the complainant to establish the allegations of his bill by two witnesses or one witness and corroborating circumstances. Toulme y. Clark, ante, page 471, cited.</p> <p>3. Conveyance. Execution of. Presumptive evidence. Case in judgment.</p> <p>In a'base involving the title to a tract of 'land the fact in dispute was whether S. had executed a conveyance to G-. to certain land. G. testified that he paid the purchase-money, and that S. gave to him a contract or memorandum in writing in which S. agreed to convey the land. It was further shown that more than thirty years had elapsed, and that G-. and his vendees had since been continuously in possession thereof, though such possession may not have been at all times of an adverse character; that S. had been a visitor and guest of one T., a vendee of G.’s, while T. was living upon the land, and made no claim thereto, nor said anything indicating that he had any interest therein. Held, that this evidence was sufficient to raise a presumption that