McCloskey v. Shortle

BRICE, Justice.

This direct action was brought by the appellants (plaintiffs below) against the appellee (defendant below) to cancel a special master’s deed, whereby certain real estate was conveyed, in pursuance of a sale made in a foreclosure proceeding, upon the alleged ground that such deed is void. We will refer to the parties as plaintiffs and defendant, as in the district court.

The defendant demurred to the complaint upon the ground that it failed to state facts sufficient to constitute a cause of action in that it showed on its face that all questions raised had theretofore been…