STARBIRD v. CHEATHAM

No. 5-4272.

419 S.W.2d 114 (1967)

243 Ark. 181

Jeannine STARBIRD, Adm'x Estate of Bryan J. Hilton, Appellant, v. Wade W. CHEATHAM.

Supreme Court of Arkansas.

October 9, 1967.


Attorney(s) appearing for the Case

Hubert L. Burch and John Wm. Murphy, Fayetteville, for appellant.

James R. Hale, Fayetteville, for appellee.


FOGLEMAN, Justice.

Appellant seeks to reverse the judgment of the probate court in favor of a claimant for an indebtedness for construction work done by appellee for appellant's decedent, Bryan J. Hilton, because of the failure of the probate judge to exclude certain testimony because of the "dead man's statute." The key issue was whether the claim had been barred by the statute of limitations. This depended on a determination whether the statute was tolled by payments...

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