Coombs Land Company v. Lanier

Opinion op the Court by

Commissioner Hobson

Reversing.

Appellant filed this -action for a new trial under section 518 of the Civil Code. The circuit court sustained a general demurrer to' the petition. The plaintiff appeals. The facts stated in the petition are these:

The Coombs Land Company had been the owner and ■in the actual possession of a tract of land in Harlan county for many years before April 20, 1925. Shortly before that date Nathan Osborne and wife executed and delivered to John Hughes a pretended deed to the land, which was the result of fraud and collusion on the part of Hughes and…