Kingsbury v. Applegate

Mr. Presiding Justice Culbertson

delivered the opinion of the court.

This is an appeal from an order of the circuit court of Lawrence county dismissing the complaint of appellant, Jersey Kingsbury (hereinafter called plaintiff), which was in the nature of a bill of review as against the defendants, Eugene Applegate, Fred Applegate, and Elizabeth Spain (Fred Applegate and Elizabeth Spain being the appellees in this cause).

The facts upon which the present appeal is predicated are not in dispute. On October 13/1947, plaintiff, Jersey Kingsbury, filed a complaint against the defendants for a bill…