Johnson v. Bogdis

Wyatt, Justice.

“The judgment of a court of competent jurisdiction may be set aside by a decree, for fraud, accident, or mistake, or the acts of the adverse party unmixed with the negligence or fault of the petitioner.” Code, § 37-219. “In all cases of fraud (except fraud in the execution of a will) equity has concurrent jurisdiction with the law.” § 37-701. Under these well-established principles, this court has many times held that judgments of courts of ordinary may be set aside by a court of equity, in a direct proceeding for that purpose, on the ground that they were procured by fraud.…