Hill v. Perkins

Almand, Justice.

The judgment under review is one overruling a general demurrer to an equitable petition seeking a decree declaring a deed to secure a debt to be satisfied and canceled and for damages in the nature of attorney’s fees because of the bad faith and the stubbornly litigious acts of the defendant.

In their petition the plaintiffs, J. R. Perkins and Hayes Shook, alleged that: In March of 1960 the plaintiff, Perkins, and Jack Davis borrowed $5,650 from the defendant, Mrs. Elizabeth B. Hill, and to secure the loan, executed in her favor a deed to secure the debt to a described tract of…