Irene Smith Cliett v. Mamie S. Hammonds

RIVES, Circuit Judge.

This appeal is from an order dismissing appellant’s motion for relief from judgment, filed under Rule 60(b), Federal Rules of Civil Procedure, 28 U.S.C.A. The judgment sought to be vacated was affirmed by this Court in 1939, Cliett v. Scott, 5 Cir., 1939, 102 F.2d 725. The motion proceeded upon the theory that the judgment and this Court’s affirmance were induced by deceit and fraud in misleading both the district court and this Court to hold that a partnership had been found to exist between appellant and George Scott, father of appellees, when that fact had not actually…