Botto v. Botto

Opinion by

Judge Pryor:

It is evident from the facts of this record that the appellee, Mc-Conathy, when he made the purchase - of the real estate in controversy, had no knowledge of the alleged fraudulent conduct of the parties procuring the judgment.

He stands in this case as an innocent purchaser paying the full value of what he obtained and besides it is not even shown that he was a party to the fraud. In order to secure the recovery sought for in this case the appellant must show that the judgment under *316which the sale was made was void, and if void it affords no barrier to the recovery…