Rape v. Lyerly

BRITT, Judge.

Defendants contend the court erred in failing to grant their motions to dismiss the action, for summary judgment, and for *246directed verdict. We will discuss some of the grounds argued by defendants in support of their motions.

At the outset, defendants argue that Basil is a necessary party to this action. While denying that he is a necessary party, plaintiffs have moved in this court that they be allowed to file a disclaimer of interest by Basil. We have allowed the motion and the disclaimer has been filed.

The theory of plaintiffs’ case is that their mother, Mildred, and Jim…