Hodges v. Phoenix Mutual Life Insurance

The opinion of the court was delivered by

Parker, J.:

This is an appeal from orders of the district court sustaining separate demurrers of defendants, Phoenix Mutual Life In*365surance Company and M. R. Smith, to an amended petition and a motion to vacate a restraining order in an action instituted by legally appointed guardians of an incompetent person to vacate a mortgage foreclosure judgment and nullify the force, effect, and results of subsequent incidental proceedings.

Sometime prior to the year 1948 Jackson K. Hurd acquired and became the owner and record title holder of certain real estate in…