Phillips v. Hightower

Duckworth, Justice.

The first question is whether the demurrer attacking the petition for duplicity was properly sus-, tained. The petition sought to enjoin execution of a power of sale contained in a security deed, and cancellation of the deed and notes secured thereby. . The amended petition^ which contained but a single count, alleged that the indebtedness secured by the deed had been paid in full, and specified the mode and method of payment. It was also alleged that the question of payment had been an issue in a former case between the parties, that this issue had been determined in favor…