
    Allen Kern v. Henry Cooper et al.
    
    [64 South. 838.]
    Witnesses. Estates of decedents. Competency. Code 1906, section 1917.
    Under Code 1906, section 1917, prohibiting a witness from testifying to establish his own claim against the estate of a deceased person, where plaintiff brought suit in replevin against the son of deceased for certain property, in whose possession it had been since deceased’s death, it was error to permit plaintiff to testify that the property had been given to them by the deceased.
    Appeal from the circuit court of Attala county.
    HoN. Gr. A. McLeaN, Judge.
    Consolidated suits for replevin by Henry Cooper and Della Kern against Allen Kern. From a- judgment for plaintiffs, defendant appeals.
    The record in this case shows that Martha McCoy, an aged negro woman, lived on a small tract of land which she and her husband had occupied for many years. Her husband, Joe McCoy, died in 1907, and Martha died intestate in 1910. At the time of her death she had a son, Allen Kern, living on a tract of land adjoining. On another adjoining tract there lived one Henry Cooper, who claimed to be an illegitimate son of Joe McCoy. Living with the old woman at the time of her death was a granddaughter, Della Kern, who was the daughter of appellant. Some months after the death of Martha, Della instituted a replevin suit for a mule owned by Martha in her lifetime, and Henry Cooper instituted replevin suit for another mule owned by Martha. These mules were in the possession of Allen Kern, and had been since the death of his mother. On the trial the plaintiffs, appellees here, were permitted, over the defendant’s objection, to testify, in support of their respective claims to the mules, that Martha McCoy had given the mules to them during her lifetime. The eases were consolidated at the trial in the circuit court, and resulted in a judgment for plaintiffs, awarding them the mules replevied.
    
      Teat & Niles, attorneys for appellant.
    
      J. O. Smythe, attorney for appellees.
    The record in this case is lost.
   Cook, J.,

delivered the opinion of the court.

It was error to permit plaintiffs in replevin to testify as witnesses to establish their claims against the estate of a deceased person. Section 1917, Code, 1906; Jackson v. Smith, 68 Miss. 53, 8 So. 258; Stanton v. Helm, 87 Miss. 287, 39 So. 457.

Reversed and remanded.  