Leachman v. Cobb Development Co.

Mobley, Presiding Justice.

The appeal is from a judgment sustaining the defendant’s motion to dismiss the plaintiff’s complaint.

The complaint was filed by the plaintiff as trustee in bankruptcy for H. A. Walker, Sr., H. A. Walker, Jr., and Walker & Walker Builders, a partnership, and, as amended, prayed that a warranty deed from H. A. Walker, Sr., and H. A. Walker, Jr., to the defendant be declared null and void and be set aside, or in lieu thereof that the defendant pay to the plaintiff any and all equity in the real estate at the time of the conveyance.

The defendant (appellee) contends that…