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POOLE v. McCARTY, ET AL.

No. 41731.

240 Miss. 341 (1961)

127 So.2d 398

POOLE v. McCARTY, et al.

Supreme Court of Mississippi.

March 6, 1961.

Attorney(s) appearing for the Case

Simrall, Aultman & Pope, Hattiesburg, for appellant.

McFarland & McFarland, Bay Springs, for appellees.

ETHRIDGE, J.

(Hn 1) This case involves the question of whether the "dead man's statute" disqualifies as a witness one of the two parties to a contract for sale of minerals, where the other party also is living, but has subsequently conveyed to a third person, now deceased, a small fractional interest in the minerals.

Mississippi Code 1942, Sec. 1690 provides: "A person shall not testify as a witness to establish his own

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