Friswold v. United States National Bank

This is a proceeding to set aside a decree of foreclosure of a mortgage upon real property, alleged to have been obtained by fraud. The trial court sustained a demurrer to the complaint and, upon failure of the plaintiff to plead further, dismissed the suit. Hence this appeal.

It appears from the complaint that John H. Friswold, in October, 1918, died, leaving surviving him his widow, Hattie Friswold, and three sons, Carl D. Friswold, John D. Friswold and the defendant, Cullen Friswold. Decedent left a will which, so far as material herein, provided:

“Item Five.

“I hereby devise unto my son,…