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HYDE WHOLESALE DRY GOODS CO. v. EDWARDS

No. 73-94.

500 S.W.2d 85 (1973)

HYDE WHOLESALE DRY GOODS CO., Appellant, v. Jack EDWARDS, Appellee.

Supreme Court of Arkansas.

Rehearing Denied November 5, 1973.

Attorney(s) appearing for the Case

Ronald L. Griggs and Camp & Thornton, El Dorado, for appellant.

Shackleford & Shackleford, El Dorado, for appellee.

GEORGE ROSE SMITH, Justice.

The appellant Hyde brought this foreclosure suit to enforce promissory notes and a real estate mortgage executed in the 1950's by Mrs. Katherine T. Edwards. As to Mrs. Edwards (who died while the suit was pending below) the debt was barred by limitations. Hyde joined Mrs. Edwards' son as a codefendant, asserting that he assumed liability for the debt, both orally and in writing. Edwards successfully moved for a summary judgment, disclaiming...

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