Ross v. Alley
Appellant filed an independent action in equity based on extrinsic fraud to set aside a final order entered in a prior probate proceeding of his fathers estate. He now appeals from the judgment dismissing his case after the trial court sustained a demurrer to his second amended complaint without leave to amend. As we shall explain, the fraud alleged constituted only intrinsic fraud and Ross failed to adequately plead that he exercised diligence in pursuing this action. Court therefore affirm the judgment.
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