First National Bank of Collins v. Warren

Citations

• 113 Miss. 234
• 74 So. 124

Syllabus

<p>1. Equity. Judgment. Impeachment. Fraud in procurement.</p> <p>Even a judgment may be impeached and set aside for fraud in its procurement. v</p> <p>2. Same.</p> <p>Under the facts as set out in its opinion in this case the court held, that the bill of complaint to set aside a decree adjudging title to property in defendants, but requiring defendants to make monthly payments to plaintiff for her support in accordance with a previous agreement between the parties and directing defendants to give security for the making of such payment, sufficiently charged fraud requiring if true the setting aside of the decree, or the preservation of plaintiff’s rights by requiring the giving of the security provided for, as to which the defendants had made default.</p>