Walling v. Couch

As the facts of this cause are fully stated in the trial court’s order set forth in the dissent of Mr. Justice Jones, it is unnecessary to repeat them here.

The principal issue on this appeal is whether the Dead Man’s Statute, Title 7, § 433, Code of Alabama, as last amended, applies to protect those claiming through a deceased person by virtue of an inter vivos transaction. We hold that it does and reverse and remand the decree of the trial court in this cause.

In considering our case law on this point., we find there are two conflicting lines of cases. As noted in the dissent, the cases of…