Diggs v. Bobich

This is an appeal following an overruling of a motion for a new trial, subsequent to an adverse ruling by the trial court on appellants’ verified motion or petition to set aside and vacate a judgment of default and the dismissal of the cause of action.

Said complaint was designated as an “Action in Equity.” The prayer of the complaint asked

“. . . that said deed of conveyance so executed by her on January 5, 1931, be declared to be a mortgage on said real estate only; that said mortgage be declared satisfied and that Plaintiff’s title in and to said real estate be forever quieted as against…