This section contains the nature of the case and procedural background.

Buntin was insured by New York Life (D), and he disappeared from his home. Nashville Trust (P) was the beneficiary of two life insurance policies owned by Buntin and P sued D for the full amount of the policies. P won. Buntin was found alive eleven years later. D then sued P to recover the funds paid. P demurred with the statute of limitations, the prior action was res judicata, no actionable mistake had been made, that all facts as to fraud were tried in the original proceeding, and there were no facts plead of fraud or mistake or charge of fraud against P. D's bill was dismissed. D appealed.

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