Bank of Kennett v. Cotton Exchange Bank

Plaintiffs seek in this action to recover of defendant the sum of $3500 paid by plaintiffs for certain real estate at an execution sale. The petition was framed upon the theory that the judgment upon which the execution was based was void and there was therefore a total failure of consideration. The Trial Court sustained a general demurrer to plaintiffs’ petition; plaintiffs refused to plead further, whereupon judgment was rendered for defendant and plaintiffs have appealed.

The petition is of great length and there, could be no useful purpose in setting it out in full. We shall therefore…