Wagner v. Beadle

Citations

• 82 Kan. 468
• 108 P. 859
• 1910 Kan. LEXIS 282

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Vacation of a Judgment — Fraud. The fraud for which a judgment may be set aside must be actual fraud, involving intentional wrong, as distinguished from legal or constructive fraud.</p> <p>2. - Same. Assuming, but by no means deciding, that the rule forbidding a judgment to be set aside for fraud in a matter thereby adjudicated does not apply where the defendant had no actual notice of the pendency of the action, no ground for its vacation is established by a showing that it was based on a claim insufficient in law but admitting of assertion in good faith.</p> <p>3. -Limitation of Action. One against whom a decree quieting title has been rendered upon publication service and without actual notice can not, after the lapse of three years, have the judgment set aside as fraudulent merely by showing that the plaintiff’s title was based solely upon a tax deed which showed upon its face that it was not effective as a conveyance.</p>