Thompson v. Zurich State Bank

The opinion of the court was delivered by

Harvey, J.:

In this action plaintiff seeks to enjoin the Zurich State Bank and the sheriff from further proceeding with a sheriff’s sale of certain real property, and also seeks a declaratory judgment construing the will of her grandfather. The bank’s demurrer to plaintiff’s petition was sustained, and plaintiff has appealed.

The facts alleged, so far as necessary to our consideration, are substantially as follows:

*426I. P. McCauley owned 480 acres of land in Rooks county, where we assume he made his home, and which he had stocked and equipped for farming.…