Ward v. Johnson

Opinion of the .Court by

Chief Justice Stites

Affirming.

This is an appeal from a judgment of the Harlan circuit court sustaining a demurrer to the petition as amended of the appellant, who was the plaintiff below. After amending her petition twice, appellant declined to plead further, and her petition was dismissed. This appeal followed.

As originally filed, the petition simply sought to set aside the sale of certain pieces of property pursuant to the foreclosure of a mortgage on the ground of the improper appraisement thereof before sale. A demurrer was sustained to this original petition, and…