Nichols v. Dill

ANDERSON, O. J.

This is an original bill to impeach a decree for fraud and not a bill of review as dealt with in section 6607 of the Code of 1923, and leave to file same under section 6608 was not necessary. McDonald v. Pearson, 114 Ala. 630, 21 So. 534; Graves v. Brittingham, 209 Ala. 147, 95 So. 542.

While the limitation as to time fixed by section 6608 has been extended by way of analogy to bills to impeach a decree, section 8966 modifies this rule to the extent of allowing one year after the discovery of the fraud. Heflin v. Ashford, 85 Ala. 125, 3 So. 760.

As we understand, the bill charges…