MACK v. COLE

No. 5-2329.

343 S.W.2d 791 (1961)

Bessie MACK, Appellant, v. Sadie COLE, Appellee.

Supreme Court of Arkansas.

March 13, 1961.


Attorney(s) appearing for the Case

Fred A. Newth, Jr., Cooper Jacoway, Little Rock, for appellant.

Howell, Price & Worsham, Little Rock, for appellee.


HOLT, Justice.

This is an action to set aside a deed allegedly procured by fraud. The record reflects that at the conclusion of appellant's testimony, the trial court sustained a demurrer by appellee to the plaintiff's [appellant's] evidence and dismissed appellant's complaint. This appeal followed. It appears that only one point is in serious contention here and that is,—had the appellant made out a prima facie case?

During the course of the...

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