Wellman v. Billups

SIMS, Chief Justice.

Appellants, Lillian and Ira Wellman, brought this action under § 518, subsec. 4 of the Civil Code of Practice for a new trial on the ground that appellee, Maggie Billups, obtained judgment through fraud, whereby the latter was declared to be the owner of a small strip of land about 10 feet wide running the length of the adjoining properties of the parties. A demurrer to the petition was overruled and appellee’s answer was a general denial. Proof was taken by depositions and the court upon consideration thereof dismissed the petition and this appeal followed.

The proof shows…