Hill v. Agnew

Wyatt, Justice.

Since the demurrer to the answer was not passed upon by the court below, no ruling is here made as to the sufficiency of the answer to set up facts authorizing a reformation' of the deed because of a “mutual mistake” in its execution; but the answer, which constitutes a part of the evidence, must be considered along with other evidence in determining whether the court abused its discretion in denying an interlocutory injunction.

The burden of the argument advanced by counsel for the plaintiff in error is that in this case there is an insufficient showing of diligence on the part…