Winner v. Brandon

Citations

• 82 Miss. 767

Syllabus

<p>1. Chancery Court. Oral testimony. Notice. Agreement. Code 1892, 11764.</p> <p>In the absence of notice or agreement oral testimony is not admissible in the chancery court in a proceeding by an administrator to require the delivery of personal property to him, under Code 1892, § 1764, providing for the examination of witnesses in open court under certain conditions.</p> <p>2. Same. Probate cov/rt jv/risdiction.</p> <p>The Code section, Cbde 1892, § 1764, is restrictive and not enlarging, and requires a notice or agreement in writing in matters which were of probate court jurisdiction before the adoption of the Constitution of 1869.</p>