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BROWN v. ELLISON

No. 64897.

304 N.W.2d 197 (1981)

J.L. BROWN and Phyllis I. Brown, Appellants, v. Martha ELLISON, aka Martha M. Ellison, Fiduciary of the Estate of Donald Ellison, aka Donald M. Ellison, Appellee.

Supreme Court of Iowa.

April 15, 1981.

Attorney(s) appearing for the Case

Richard L. Stevens and Richard J. Donovan, Davenport, for appellants.

Michael J. McCarthy, Davenport, for appellee.

Considered by LeGRAND, P. J., and UHLENHOPP, McCORMICK, ALLBEE and SCHULTZ, JJ.

SCHULTZ, Justice.

J.L. and Phyllis I. Brown, claimants in a probate claim, appeal from the trial court's dismissal of their claim at the conclusion of their evidence. Although the Browns had plead that they discovered their cause of action within the period of the statute of limitations, the trial court found that, based on the Browns' own evidence, the action was barred. We hold that the Browns presented substantial evidence...

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