Walling v. Couch

288 So.2d 435 (1973)

Wilta June WALLING

v.

J. B. COUCH.

SC 383.

Supreme Court of Alabama.

December 13, 1973.

Rehearing Denied January 24, 1974.

Harris, Harris, Shinn & Harris, Decatur (on appeal only), for appellant.

Sherman B. Powell, Decatur, for appellee.

As the facts of this cause are fully stated in the trial court's order set forth in the dissent of Mr. Justice Jones, it is unnecessary to repeat them here.

The principal issue on this appeal is whether the Dead Man's Statute, Title 7, § 433, Code of Alabama, as last amended, applies to protect those claiming through a deceased person by virtue of…