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HOOPINGARNER v. BOWSER

No. 272A78.

287 N.E.2d 570 (1972)

D. Eugene HOOPINGARNER, Appellant (Plaintiff below), v. George M. BOWSER et al., Appellees (Defendants below).

Court of Appeals of Indiana, Third District.

October 4, 1972.

Attorney(s) appearing for the Case

George M. Bowser, Widaman, Bowser & Reed, Warsaw, for appellant.

Herbert H. Bent, Rockhill, Kennedy, Pinnick, Sand & Bent, Warsaw, for appellees.

STATON, Judge.

STATEMENT ON APPEAL: D. Eugene Hoopingarner offered George Bowser as a witness to support certain allegations in his complaint against the Estate of Fred Hoopingarner to establish an equitable lien in the proceeds from a real estate sale. The real estate sale had been precipitated by a partition suit while Fred Hoopingarner was alive. George Bowser's competency as a witness was objected to by the counsel for Fred Hoopingarner's Estate for the reason...

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