Ross v. Durrence

In my opinion this case was tried without due regard to the pleadings as well as without due consideration of the evidence. A verdict cannot be directed in favor of either party unless it conforms to the pleadings as well as to the evidence. In the ease before us, Mrs. Boss asked an injunction to restrain Durrence from proceeding to exercise the power of sale of 20 acres of land contained in a deed to secure debt, upon the ground that the deed was given as security for a debt of her husband, and therefore was void as to her. She also asked that for that reason the deed be set aside and…