Smith v. Hooper

For simplicity of narration we mil refer to the parties as they were designated in the trial Court wherein Charles High Smith, Executor, was complainant and Cliff Hooper, and W. S. Cartwright, were defendants. The only defendant who appealed was Cliff Hooper and, therefore, W. S. Cartwright is no longer involved in the case, since the suit was dismissed as to him by the trial Court and no appeal was prayed from that portion of the decree dismissing the suit as to Cartwright.

The original complainant in the suit was Mrs. Minnie Radford Smith, who died while the suit was pending in the lower…