Ceicel D. Brown and William D. Brown v. Thomas P. Scott

The judgment dismissing plaintiffs’ complaint for recovery of $33,995.91 allegedly loaned by plaintiffs’ legator to defendant is affirmed on the basis of Judge Miller’s memorandum opinion reported at 326 F.Supp. 332. The facts and controlling Arkansas law are fairly and adequately set out in such opinion.

Plaintiffs’ complaint is based upon three checks delivered by plaintiffs’ le-gator, D. A. Burkett, to defendant Scott which are asserted to represent loans made to Scott. Plaintiffs as residuary legatees have by operation of .Burkett’s will and by assignment of the executor succeeded to all…