HENTZ v. DARDEN

No. 79-516.

394 So.2d 925 (1981)

Ann Darden HENTZ et al. v. Eva Jones DARDEN, etc.

Supreme Court of Alabama.

February 20, 1981.


Attorney(s) appearing for the Case

Edward Still, Birmingham, for appellants.

Joyce E. May and Raymond C. Winston, Birmingham, for appellee.


MADDOX, Justice.

This appeal presents the issue of whether the trial court properly applied the dead man's statute, Code 1975, § 12-21-163, to exclude testimony regarding a telephone conversation between witnesses and a deceased person.

The question of the applicability of the dead man's statute arose in an action to determine the ownership of certain land situated in Jefferson County.

Robert Darden, Sr., died intestate in 1936, survived by his...

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