Keith v. Alger
Tennessee Supreme Court
FROM FRANKLIN. Appeal from tbe Chancery Court of Franklin County. —T. M. McConnell , Chancellor. STATEMENT OF FACTS MADE BT MB. JUSTICE NEIL. The bill in this case was filed by the complainant as executrix of John F. Anderson, and by certain other persons as his devisees and heirs at law, for the purpose of setting aside, for fraud, a judgment obtained against them in the circuit court of the United States, sitting at Nashville.
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FROM FRANKLIN. Appeal from tbe Chancery Court of Franklin County. —T. M. McConnell , Chancellor. STATEMENT OF FACTS MADE BT MB. JUSTICE NEIL. The bill in this case was filed by the complainant as executrix of John F. Anderson, and by certain other persons as his devisees and heirs at law, for the purpose of setting aside, for fraud, a judgment obtained against them in the circuit court of the United States, sitting at Nashville. The bill alleged that John F. Anderson died in Franklin county about January 1, 1894, the owner of certain real estate, which he devised to the complainants. The bill…
1Opinion of the CourtJustice Neil
1. There is no doubt as we think, that a State court may entertain a bill to restrain the enforcement of a decree or judgment of a federal court on the ground that the latter was procured by fraud. This is an independent right of action, that does not involve a retrial of the issues disposed of in such former cause. It has been held that the federal courts may entertain such a cause of action against a judgment of a State court. The reasons and the authorities on which they are based are fully considered in the case of Marshall v. Holmes, 141 U. S., 589, 12 Sup. Ct., 62, 35 L. Ed., 870;…
2Cases cited10 opinions
- United States v. ThrockmortonSupreme Court of the United States · 1878
- Marshall v. HolmesSupreme Court of the United States · 1891
- Pico v. CohnCalifornia Supreme Court · 1891
- National Surety Co. v. State BankCourt of Appeals for the Eighth Circuit · 1903
- White v. CrowSupreme Court of the United States · 1884
5 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- French v. RishellCalifornia Supreme Court · 1953
- Jones v. ArnoldSupreme Court of Missouri · 1949
- New York Life Insurance Co. v. Nashville Trust Co.Tennessee Supreme Court · 1956
- State v. LancasterTennessee Supreme Court · 1907
- Jennings v. BridgefordTennessee Supreme Court · 1966
15 more not listed; retrieve them via the Exa API.