Smith v. Fleming

Banke, Presiding Judge.

Acting as executor of the estate of Rachel M. Bradford, appellee sued the appellants, Franklin and Beula Smith, to collect the balance allegedly owed by them on an indebtedness evidenced by a promissory note. The Smiths counterclaimed for injunctive relief to prevent the appellee from interfering with their alleged right to recover the proceeds of certain savings accounts established by the decedent. The trial court granted summary judgment to the appellee on the main claim and denied summary judgment to the appellants on the counterclaim. This appeal followed.

It was…