Bergman v. Hutcheson
Mississippi Supreme Court
Appeal from the Chanceiy Court of Jefferson County. Hon. Lauch McLauriN, Chancellor. The case is sufficiently stated in the opinion of the court. Can a stranger to a judgment call it collaterally in question by showing that the basis of the judgment, the chose in action sued on, was fraudulently procured and a fictitious debt without consideration? The appellee demurred to this part of the bill in the court below, and this constitutes the second error assigned.
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Appeal from the Chanceiy Court of Jefferson County. Hon. Lauch McLauriN, Chancellor. The case is sufficiently stated in the opinion of the court. Can a stranger to a judgment call it collaterally in question by showing that the basis of the judgment, the chose in action sued on, was fraudulently procured and a fictitious debt without consideration? The appellee demurred to this part of the bill in the court below, and this constitutes the second error assigned. We fully concede that- a judgment of a domestic court of record, of common-law jurisdiction, is conclusive' evidence of the facts…
1Opinion of the CourtChalmers, J.
The only question of law presented is this: can a grantee of property which is sought to be subjected to a judgment against his grantor controvert the consideration of the debt on which the judgment was based, or is the judgment conclusive of the fact that it was based upon a valid and existing indebtedness? John Bergman conveyed his property to his brother, A. C. Bergman. After the execution of the deed Hutcheson recovered a judgment against John upon a cause of action existing prior to the deed and caused execution to be levied upon the property. A. C. Bergman hied this bill to enjoin a…
2Cited by3 opinions
- Stewart Lumber Co. v. DownsSupreme Court of Iowa · 1909
- Richardson v. LoreeCourt of Appeals for the Fifth Circuit · 1899
- Aron v. Chaffe, Powell & WestMississippi Supreme Court · 1894