Lewis v. Neblett

Plaintiff brought this action against the estate of Eddie W. Seller's to establish a trust in certain real property standing in Sellers’ name at the time of his death. The trial court denied a motion to dismiss the action for plaintiff’s failure to bring it to trial within five years and, after trial without a jury] made findings of fact and conclusions of law favorable to plaintiff and entered judgment accordingly. Defendant appeals.:

Defendant' cbiitend's that the action should have been dismissed for plaintiff's failure to bring it to trial within the five-year period prescribed by section…