ROACH v. UNDERWOOD


241 S.W.2d 498 (1951)

ROACH v. UNDERWOOD et al.

Supreme Court of Tennessee.

June 16, 1951.


Attorney(s) appearing for the Case

John J. Duncan and Wilbur W. Piper, Knoxville, for complainant.

Nathan Orris Hale, Myron Ray Ely, and Everett M. Smith, all of Knoxville, for defendants.


PREWITT, Justice.

The question presented here is whether an administrator can recover for money mistakenly paid to the widow of his decedent. This was a suit brought by the administrator as such and individually against Mary Alice Smith Underwood and her stepchildren. The widow filed a demurrer to the bill, which was sustained.

It appears that the decedent, Boyd Smith, Sr., was killed when he fell at the Costen shops of the Southern Railway in Knoxville. The...

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