Plessinger v. Bireley

OPINION

By HORNBECK, P. J.

Submitted on an appeal on questions of law from a judgment dismissing a petition to open up a judgment against appellant after the court had sustained a demurrer of plaintiff-appellee to said petition.

The errors assigned are, the court erred in sustaining the demurrer and in entering judgment for plaintiff-appellee.

The petition is directed to an order of the Probate Court of Darke County, Ohio, of April 15, 1942, 41 Abs 601, 604 directing plaintiff as guardian of his then ward, Agnes Bireley, appellant, to sell real estate of his ward to pay her debts.

The petition is…