FITE v. FITE

No. 5-2373.

345 S.W.2d 362 (1961)

Boneta L. FITE, Individually, and Boneta Lebeau Fite, Executrix of the Estate of James Bateman Fite, Jr., deceased, Appellant, v. Mrs. Bateman FITE, Sr., Appellee.

Supreme Court of Arkansas.

April 17, 1961.


Attorney(s) appearing for the Case

Spitzberg, Bonner, Mitchell & Hays, by Steele Hays, Little Rock, for appellant.

House, Holmes, Butler & Jewell and Darrell D. Dover, Little Rock, for appellee.


WARD, Justice.

This is a suit to recover money on the ground of unjust enrichment. Appellee, Mrs. Bateman Fite, Sr., deposited to the joint account of her son and his wife the sum of $7,500 for the down payment on real estate in Little Rock, the title to which was taken in the name of the son and his wife by the entirety. A few months later the son died and the daughter-in-law refused to repay the money, resulting in this litigation.

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