Jones v. Henderson

FOSTER, Justice.

To sustain a bill to vacate the decree of a court of competent jurisdiction for fraud, the bill must allege the facts showing that the fraud was in the concoction or procurement of the decree. This has been held bo include false and fraudulent statements in the petition, which were necessary to invoke the power or jurisdiction of the court to render the decree under attack. Keenum v. Dodson, 212 Ala. 146, 102 So. 230; Kelen v. Brewer, 221 Ala. 445, 129 So. 23; Tolley v. Hamilton, 206 Ala. 634, 91 So. 610; McGathey v. Thompson, 224 Ala. 163, 138 So. 841; Hardeman v. Donaghey,…