Fitzhugh v. Central Trust Co.

The opinion of the court was delivered by

Hutchison, J.:

The appeal in this case is from the ruling of the trial court sustaining a demurrer to the petition, and the j ournal entry of such ruling states two grounds upon which the demurrer was sustained: First, because the plaintiff had appeared and had her day in court in the action in which she complains of the judgment rendered therein; and second, for the reason that she does not plead nor allege in her petition that she has any legal defense to the indebtedness upon which the judgment was rendered and sale had.

The action was one in equity…