Bergman v. Hutcheson

Citations

• 60 Miss. 872

Syllabus

<p>Judgment. Collaterally attacked by grantee of land. Consideration. Chancery practice. 'Case in judgment..</p> <p>J. sold and conveyed a tract of land to A. After the execution of the deed, H. recovered a judgment against J. upon a cause of action which existed prior to the execution of the deed. A writ ot fieri facias, issued upon this judgment, was levied upon the land conveyed by J. to A. The latter filed a bill in chancery to enjoin the sale of the property under this writ, upon the ground that J. owed H. nothing; that the note upon which the judgment was based had been fraudulently obtained, and was without consideration, and that the judgment had been recovered because J., having no property, was indifferent as to the result of the action, and instructed his attorney to make no defence to it. The chancellor sustained a demurrer to the bill. Held, that the demurrer should have been overruled and the complainant permitted to show that the judgment was not founded upon any valid debt.</p>