Naylor v. Brown

Opinion of the Court by

William Rogers Clay, Commissioner

Affirming.

On October 2,1912, appellee, W. A. Brown, recovered a judgment in the Fulton Circuit Court against appellants, J. W. and Lon Naylor, for $316. Before execution was issued the judgment was replevied.

About the time the replevin bond matured appellants brought this action for a new trial pursuant to section 518, Civil Code, charging that the original judgment was obtained by fraud on the part of appellee and his attorney. The particular fraud relied on was that appellee’s attorney represented to the court that appellants had…