Butler v. Fayette Seed Farms, Inc.

HARWOOD, Justice.

The complainant filed a bill seeking to redeem certain real estate in which his father owned an interest at the time of his death, a mortgage on said real estate having been foreclosed on 15 July 1960.

To the bill appellant filed five pleas. Demurrers were overruled as to all but Plea 1.

Thereafter, and by agreement, the court heard the evidence submitted on stipulated facts as to Plea 1, and entered a judgment that Plea 1 was sufficient and should be sustained. Thereupon the complainant refused to plead further and moved to dismiss his bill without prejudice, and with leave to…