Pate v. Southern Bank & Trust Co.

Ann W. Pate sought to enjoin the enforcement of, and have set aside as fraudulent, a judgment obtained against her by confession in favor of Southern Bank and Trust Company. The court below denied the injunction, finding “that the return of the Sheriff . . . showing service of the notice of the judgment by confession ... is accurate and .. . has not been impeached”. The court held “that the fraud complained of by the plaintiff herein is not extrinsic or collateral to the judgment at law but is such a false or fraudulent act, the truth of which was, or might have been, in issue in the prior…