...Competency ofMay 33, 1887. Clause (<•) of the Act of May 23, 1887, which disqualifies a witness, when any party to a thing or contract in action is dead, and his right therein has passed to a party on the record, from testifying to any matter that occurred before the...

...think he was excluded by the Act of May 23d, 1887. Section 5 clause (e) of that act provides that when any party to a thing or contract in action is dead, and his rights thereto or therein have devolved by law on a party to the record who represents his interest...

...only exception in section five that can have any bearing on the question, is clause "(e)" viz., "Nor where any party to a thing or contract in action is dead, or has been adjudged a lunatice and his right thereto or therein has passtd either by his own act or...

...was thus stated by Mr. Justice Agnew: "The true spirit of the proviso then seems to be that when a party to a thing or contract in action is dead, and his rights have passed, either by his own act or by that of the law, to another who represents his interest...

...16 PF Smith, 297, and kindred cases, that clause of the act has been construed to mean that where a party to a thing or contract in action is dead and his rights have passed by his own act or the law of another who represents his interest, the surviving...

...plaintiff and her husband. Clause "e" of section 5 of the act of May 23, 1887 (PL 159), reads: "Nor, where any party to a thing or contract in action is...thereto or therein has passed, either by his own act or act of the law, to a party on the record, who represents his interest in the subject in controversy,...

...make the conveyance being the matter in controversy, and Act 1887, § 5, cl. e, providing that where a party to a thing or contract in action is dead, and his right thereto or therein has passed to another, who Is a party to the record, no other person whose interest shall be adverse to the said...

...SINCE DECEASED — SURVIVING PARTY то CONTRACT. Act May 23, 1887 (PL 159) § 5, cl. "e," providing that, where any party to a thing or contract in action is dead and his right thereto has passed to a party on the record, the surviving party whose interest shall be adverse to the right...

...was not competent ' to testify upon such subjects, as his brother's 'Act May 23, 1887, § 5, cl. E, provides 'that where any party to a thing or contract in action is dead, and his rights therein have passed to a party on the record, neither the surviving or remaining party to such...

...In clause Б of the fifth section of the act of 33d May, 1887, It is provided in the plainest manner that where any party to a thing or contract In action is dead, and his rights thereto or therein have passed, either by his own act or by the act of the law, to a party on...