Walling v. Couch

Argued assignments of error other than those raising the Dead Man’s Statute go to the weight of the evidence to support the chancellor’s decree finding a constructive trust. Concededly, were the testimony of J. B. Couch ruled incompetent as violative of the Dead Man’s Statute, the appellants’ contentions would prevail. My only point of disagreement with the majority opinion *36relates to admissibility vel non of Couch’s testimony.

This is an appeal by .Wilta June Walling and Arthur E. Walling from a final decree in favor of J. B. Couch involving a suit by J. B. Couch against the Wallings and…