#### Philip Karcher, Appellant, v. Citizens State Bank of Herscher and Dan G. Lee, Appellees.

Gen. No. 5,797.

(Not to he reported in full.)

Abstract of the Decision.

1. Judgment, § 62 * —when bills avers grounds for vacating judgment by confession. Bill to vacate a judgment by confession on a demand judgment note and to enjoin a sale of complainant’s prop*50erty, held to state grounds for equitable relief where it avers that complainant had forgotten about the note, but believes that it never represented an actual indebtedness, and if it did it was long ago paid, and avers that payee failed to disclose the indebtedness.

*49Appeal from the Circuit Court of Kankakee county; the Hon. Charles B. Campbell, Judge, presiding. Heard in this court at the April term, 1913.

Reversed and remanded.

Opinion filed October 17, 1913.

Statement of the Case.

Bill filed by Philip Karcher against the Citizens State Bank of Herscher, and Dan G. Lee, sheriff of Kankakee county, to vacate a judgment entered by confession on a demand judgment note made by complainant and to enjoin a threatened sale of complainant’s property. Prom a decree dismissing complainant’s bill for want of equity, complainant appeals.

A. L. Granger and W. R. Hunter, for appellant.

Small & Merrill, for appellees.

*

See Illinois Notes Digest, Vols. XI to XIV, same topic and section number»

*

See Illinois Notes Digest, Vols. XI to XIV, same topic and section number.

Mr. Justice Carnes

delivered the opinion of the court.

*502. Equity, § 135 * —right to plead ultimate facts. Though the rule is that facts, not conclusions of law and fact, should be pleaded, it is sufficient to plead ultimate facts.