New York Life Insurance Co. v. Nashville Trust Co.

The questions herein presented are ones of law raised by the demurrer, the grounds of which are in substance as follows:(1) That the former judgment is res adjudicata, and is conclusive as to the death of Buntin by reason of his unexplained absence for a period of seven years; (2) that the present suit is barred by the six and ten year statutes of limitations; (3) that the facts averred as fraud in this cause were considered in the former suit and determined adversely to complainant, and there are no facts of fraud charged against the defendants as trustees or beneficiaries, and the alleged…