Fox v. Cosgriff

This is an action for fraud. Respondent, as executor of the Last Will and Testament of J. C. Fox, deceased, seeks to have rescinded and set aside the sale of 35 shares of the capital stock of the Hailey National Bank by him, as such executor, sold and delivered to appellants.

This case was before this court on a former appeal (Fox v. Cosgriff et al, 64 Ida. 448, 133 P. (2d) 930,) wherein respondent Fox was appellant, and Cosgriff et al, were respondents. The sole and only question involved in the former appeal was whether the court below erred in sustaining respondents’ general and special…