Atkins v. Needham

DIXON, Chief Justice.

This suit was originally filed 'November 3, 1954, in the name of Commo Atkins, by Ethel Atkins, his wife, as next friend, against A. R. Atkins and Jessie Bell Atkins, husband and wife, and Mack Need-ham. Commo Atkins was the brother of A. R. Atkins.

Commo Atkins died while the suit was pending and Ethel Atkins and Juanell .Bar*124ber, joined by her husband, E. L. Barber, were substituted as parties plaintiff. Juanell Barber is the daughter of Commo Atkins and Ethel Atkins. The plaintiffs in the trial court are appellants here.

In a pleading filed December 6, 1957 denominated a…