Cultice v. DeMaro Realty Co.

OPINION

By BARNES, J.

The above entitled cause is now being determined on motion 'Of Myrtle Cuitice, appellee, to strike, case from docket for reasons sec out in five separate specifications — as follows:

1. This proceeding is an equitable, or a chancery, action, asking the lower court to cancel and declare void certain written instruments which the appellants, Ralph E. Zirkle, Homer Evilsizer and Harriett Evilsizer, obtained from the appellee, Myrtle Cuitice, through fraud and without any consideration. (See copies of which set forth in the final judgment entry filed in said case No. 29047 C.…