Fox v. Cosgriff

This is an action in fraud; appellant, as executor of the last will and testament of J. C. Fox, deceased, seeks to have rescinded and set aside the sale of 35 shares of the capital stock of the Hailey National Bank by him, as such executor, sold and delivered to respondents. There are several questions raised on this appeal; however, there is but one pertinent question which requires consideration and determination, namely: did the court err in sustaining the respondents’ general and special demurrers to appellant’s third amended complaint? •

It will not be necessary to set out in haec verba…