Denton v. Sanford

This is an independent action in equity for relief from a judgment. The parties were divorced on March 10, 1977, by decree of the Elmore County Circuit Court. The divorce was granted upon complaint, answer and waiver. On December 21, 1977, the wife filed an independent action for relief from judgment pursuant to Rule 60 (b), ARCP, based on fraud and misrepresentation in obtaining her signature to the answer and waiver to the divorce complaint.

The wife alleged that the husband concealed from her the fact that the attorney who prepared the divorce complaint and the answer and waiver which she…