Durham v. Smith

Atkinson, Presiding Justice.

On March 5, 1938, a judgment was rendered, sustaining a general demurrer to a petition in a suit for equitable relief, “unless the plaintiff further amends her petition within ten days from this date by offering to tender to the defendant the amount paid by the defendant at the sale, together with interest thereon from January 1, 1929, at the rate of seven (7) per cent, per annum, less the value of the timber sold therefrom by the defendant to H. R. Allison.” The plaintiff did not then offer to amend, but on the day of' rendition of the judgment procured a bill of…